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(영문) 부산지방법원 2014.07.07 2014고단3153

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On December 13, 2011, the defendant was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act at the Busan District Court on December 13, 201, and the decision became final and conclusive on December 21, 201 and is currently in the grace period.

On April 8, 2014, at around 01:16, the Defendant driven B rocketing car with a blood alcohol concentration of 0.188% under the influence of alcohol without obtaining a driver’s license from around 50 meters away from the front of a restaurant in the middle of the window in Changwon-si, Changwon-si to the front road in front of the front of the scopic intersection road in the window of Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of imprisonment without prison labor;

1. The reasons for sentencing under Articles 40 and 50 of the Criminal Act are against the defendant. However, in light of the fact that the defendant, as a crime of violation of the Road Traffic Act, once again drives alcohol or drive without a license during the suspension period, the sentence shall be determined as per the order.