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(영문) 부산지방법원 2014.02.12 2013고단6948

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On July 1, 2009, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on July 1, 2009, and on July 22, 2009, to a suspended sentence of one year for the execution of four months at the Busan District Court on July 2, 2009.

"2013 Highest 6948"

1. On September 12, 2013, the Defendant, while under the influence of alcohol at around 0.184% of the blood alcohol concentration on September 23:49, 2013, driven a Cobserver car at approximately 2 km from the front of the restaurant at the lowest bones of the Sea State in Busan Metropolitan City, the trigram, located in the Busan Metropolitan City trigram, to the front of the Yellow-dong, Seopo-dong.

"2013 Highest 8862"

2. On November 4, 2013, the Defendant, while under the influence of alcohol of 0.092% of blood alcohol concentration, driven a C observer car in the section of about 1km from the front of the parking lot in the Busan Northern-dong to the front of the old subway Station located in the same Dong, Seocheon-gu, Busan-do.

Summary of Evidence

(Fact 1, 2013 Highest 6948)

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Making a report on the control of drinking driving;

1. Report on the statement of the status of a driver on the market (the fact of No. 2 on the market, No. 2013 high group862 on the market);

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the statement of the oral statement of the driver from the employer (the point of trial record);

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (report attached to written judgments);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant, including the previous conviction in the judgment, has served four times as a drinking driver since 2008 (three times as a fine, one time as a suspended sentence), and one time as a driving without a license, and has served two times as a drinking driver through a short term.