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(영문) 부산지방법원 동부지원 2015.03.18 2015고단25

도로교통법위반(음주운전)등

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 21, 2010, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court on July 21, 2010; on April 2, 2014, a fine of 5 million won for a crime of violation of the Road Traffic Act (Food Driving) at the Busan District Court's Branch Branch Branch of the Busan District Court on April 2, 201; on June 13, 2014, the Defendant was sentenced to a fine of 8 million won for a crime of violation of the Road Traffic Act (Food Driving).

No person shall drive a motor vehicle, etc. while under the influence of alcohol, and no person shall drive a motor vehicle, etc. without obtaining a driver's license from the commissioner of a

Although the Defendant had had a force of driving under the influence of alcohol twice, on October 28, 2014, at around 00:20, the Defendant driven CK5 cars with a blood alcohol concentration of 0.196% under the influence of alcohol without obtaining a driver’s license on October 28, 2014, and proceeded with approximately 1 kilometer from the 206-dong-dong-dong-dong-dong-dong-Yandong-gu-dong-dong-gu-dong-dong-dong-dong-dong-gu-dong-dong-dong-dong-dong-dong-dong-dong-gu

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Application of the Act and subordinate statutes in 9 copies of criminal records, written judgments, and summary orders;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act (it is possible to repeat a crime in light of the same criminal records);