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(영문) 부산지방법원 2017.04.28 2017고단1085

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Power of crime] On October 29, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and on April 27, 201, a summary order of KRW 2.5 million for the same crime at the Seoul Southern District Court.

"2017 Highest 1085"

1. On December 26, 2016, around 23:34, 2016, the Defendant driven a B-hand car with alcohol content of about KRW 0.222% in the 3km section from the road front of the Busan Shipping Daegu Shipping Daegu to the front road of the Busan Eastdong-dong, Busan, while under the influence of alcohol content of about 3km.

"2017 Highest 1404"

2. On February 13, 2017, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol without a driver’s license at the section of approximately 3km from the Busan Jin-dong to the Jeonpo-dong located in the Jeonpo-dong from around 10:05 to the Jeonpo-dong.

Summary of Evidence

"2017 Highest 1085"

1. Statement by the defendant in court;

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

1. "Written response to a request for appraisal" 2017 Highest 1404;

1. Statement by the defendant in court;

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

1. "Prior record of judgment" of the driver's license ledger;

1. Application of Acts and subordinate statutes of a summary order (No. 13 No. 1085, 2017, order 1085);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act are recognized and reflected, and there is no record of criminal punishment exceeding the fine, but there is no record of criminal punishment exceeding the fine. However, even though there was a record of criminal punishment twice due to drinking driving, the crime No. 1, as indicated in the present situation, has been avoided, and the two months have not elapsed since it was avoided.