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(영문) 부산지방법원 서부지원 2019.11.28 2018고단128

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On July 8, 2011, the Defendant was sentenced to 10 months of imprisonment by the Busan District Court for a violation of the Road Traffic Act, etc., and on August 14, 2014, the Defendant was sentenced to a fine of 5 million won by the Busan District Court for a violation of the Road Traffic Act, and the Defendant was sentenced to a summary order of 7 times of criminal records in the same kind.

【Criminal Facts of Crimes】 On November 28, 2017, the Defendant driven a 10-meter c leick-ro car from the front side of the Busan Northern apartment to the entrance of the said apartment without obtaining a driver’s license, at around 03:15, the blood alcohol concentration of 0.112%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement on the occurrence of traffic accidents;

1. Traffic accident reports, investigation reports (report on the circumstances of the driver), circumstantial statements of the driver concerned, register of driver's licenses for automobiles, and investigation reports;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (a copy of judgment)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The reason for sentencing of alternative sentence of imprisonment with prison labor is that the defendant, even though there are many persons who were punished for driving without a drinking license, was driving without a drinking license in this case, which caused traffic accidents. The defendant is not faithfully in the trial even though he was served with a written indictment, and the defendant's age, happiness, health status, environment, etc. are comprehensively considered in light of all the sentencing conditions in the records of this case.