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(영문) 부산지방법원 2013.05.15 2012고단10426

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 12, 2008, the Defendant was issued a summary order of 1.5 million won by a fine at the Busan District Court for a violation of the Road Traffic Act (driving). On May 19, 201, the Defendant was issued a summary order of 4 million won by the same court as the same crime. On October 24, 2012, the Defendant was issued a summary order of 7 million won by the same court.

On December 6, 2012, the Defendant, at around 00:01, driven a vehicle of about 300 meters at a distance from 00 meters to 00 meters before the Gandong Culture and Sports Center, which was under the influence of alcohol concentration of 0.151%, without obtaining a driving license.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle at the same time despite the fact that he was punished for drinking, such as criminal power, more than twice, but under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Investigation into criminal records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant for sentencing of Article 62-2 of the Criminal Act shall be punished by imprisonment with prison labor in that he/she repeatedly commits the same offense while he/she has a record of punishment three times due to drunk driving;

However, there are no other criminal records other than the above criminal records, the most supporting the family while attending the same workplace for 7 years, and the criminal investigation agency and the defendant will not repeat again over several times.