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(영문) 부산지방법원 2019.01.31 2018고단5404

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 3, 2011, the Defendant was notified of a summary order of a fine of one million won for a crime of violation of the Road Traffic Act at the Busan District Court. On March 24, 2011, the same court was notified of a summary order of a fine of 2.5 million won for a crime of violation of the Road Traffic Act. On August 24, 2016, the Suwon District Court was sentenced to a summary order of 2.5 million won for a crime of violation of the Road Traffic Act (driving). On September 1, 2016, the judgment became final and conclusive on September 1, 2016.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, at around 00:30 on September 30, 2018, the Defendant driven a e-motor vehicle under the influence of alcohol level of about 0.170% without a driver’s license in the section of approximately 500 meters from “C” located in Geum-gu, Busan to D. < Amended by Presidential Decree No. 20190, Sep. 30, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each statement of F, G and H;

1. Photographs of an accident vehicle;

1. A report on the actual condition of a traffic accident, inquiry into the results of the crackdown on drunk driving, a ledger on the use of a drinking measuring instrument, a driver's license register, additional report on physical damage, a report on occurrence of physical damage, and an investigation report;

1. Previous convictions: Criminal history records, etc., inquiry inquiry reports, judgments of the same kind, and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The reasons for sentencing under Articles 40 and 50 (Selection of Imprisonment) of the Commercial Concurrent Crimes Act include the confessions of all the crimes, the depth of their mistakes is divided, the compensation was made for the physical damage caused by traffic accidents, and the defendant's home form was breath, but the defendant committed each of the crimes again even though he had the record of being subject to criminal punishment twice due to drinking driving, driving without a license, driving without license, and driving without license, even though he had the record of being subject to criminal punishment once due to driving without license.