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(영문) 부산지방법원 2017.03.17 2017고단914

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 16, 2015, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) driving a vehicle with a alcohol concentration of 0.113% at around 03:35:0 on September 16, 2015, while under the influence of alcohol at around 0.113% in blood without a driver’s license, the Defendant classified Busan Gangseo-gu Busan Gangseo-do Gibrodo into Dong-do, and operated a vehicle with a cribef-faf-faf-fafing

2. On February 12, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D-wing truck at a section of about 200 meters from the front of the apartment house located in the Busan Northern-dong, Busan, to the front road in the same Dong, without obtaining a driver’s license for a motor vehicle on February 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Application of the Act and subordinate statutes to a report on operating circumstances without a license (No. 11 No. 5 of the evidence list);

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

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

1. Selection of each sentence of imprisonment;

1. Although the sentencing of concurrent crimes is recognized and contrary to the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, despite the history of criminal punishment several times due to drinking and driving without a license, there is a need to strictly punish the instant crime, taking into account the Defendant’s age, sex behavior, environment, circumstances leading to the crime, circumstances after the crime, etc., and determine the punishment as set forth in the Disposition.