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(영문) 부산지방법원 2018.10.02 2018고단2249

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2249] On April 16, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on the part of Apr. 16, 2014, and on July 31, 2017, the Busan District Court issued a summary order of KRW 6 million for the same crime.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on May 11, 2018, the Defendant driven a Frost cruise car in a state of under the influence of alcohol concentration of about 0.230% in a section of approximately two meters from the C front and rear the E department store located in Busan-gu, Busan-gu, to the next road.

[2018 Highest 3383] On July 10, 2018, the Defendant driven an Frost cruise cruise car without obtaining a driver’s license from the front day of the G apartment parking lot in Busan Dong-gu, Busan, to the front day of the hot spring tri-dong located in Busan, Daegu, to a approximately 10 km section from the 10km section.

Summary of Evidence

[2018 Highest 2249]

1. Statement by the defendant in court;

1. Report on internal death (Attachment to alcohol appraisal certificates among blood transfusions) and the register of driver's licenses of motor vehicles;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (2018 highest 3383);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a detailed statement of operating without a license and revocation of a driver's license;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Taking into account the absence of any record of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act, and the fact that the person is detained for about one month and is against his/her mistake;