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(영문) 부산지방법원 2016.07.01 2016고단1647

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 6, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on February 6, 2013. On February 23, 2016, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the Busan District Court.

On March 31, 2016, at around 22:12, the Defendant, without obtaining a driver's license, driven Ccoon in the section of about 4 km from the Red Cross Center of the Republic of Korea in the direction of 0.103% alcohol concentration in blood, which is 144% in Busan-gu, Busan-do, to the front day of the crime-over-dong in Busan-dong, the Defendant driven Ccoon in the section of about 4km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. License register;

1. A previous conviction: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction of the disposition, and the application of a copy of the summary order 782 years prior to the end of the judgment;

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Not only three times of criminal punishment due to driving of a normal drinking disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, but also there is no record of criminal punishment exceeding the fine in light of the fact that the defendant's age, sex behavior, environment, circumstances leading to the crime, circumstances after the crime, etc. are recognized and reflected, while remaining one month from the date of the last criminal punishment. In addition, the punishment as set forth in the order is determined by comprehensively considering the defendant's age, sex behavior, environment, circumstances leading to the crime, etc.