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(영문) 부산지방법원 2017.11.16 2016고단7870

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2006, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net support on November 28, 2006, and issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on February 26, 2010. On December 10, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court's net Support on December 10, 201. On October 28, 2015, the Defendant violated the provisions on the prohibition of driving under the influence of alcohol at least twice under the Road Traffic Act, such as receiving a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving).

On November 12, 2016, the Defendant, without obtaining a driver's license for a motor vehicle, driven a cpoper vehicle with approximately 5km in the shape of alcohol content of 0.074% in blood while under the influence of alcohol during blood, from the injection of the Busan Young-gu to the front day of the water supply of medicinal water in the southwest-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and the application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was sentenced to a suspended sentence of two years for six months of imprisonment due to a violation of the Road Traffic Act, such as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, on September 10, 201, and the defendant was sentenced to a suspended sentence of two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Provided, That the defendant is the defendant.