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(영문) 부산지방법원 동부지원 2016.06.09 2015고단1310

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 19, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court, and on June 17, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a crime of violating the Road Traffic Act at the Jeju District Court.

On August 6, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle around 03:10 on August 6, 2014, while under the influence of alcohol of 0.189% in blood, proceeded with approximately 10km by driving the B-be vehicle owned by the Defendant at the entrance of a Dog apartment located in the 2-dong, Busan Metropolitan-dong, Busan Metropolitan City, to the entrance of the B-beg in the 2-dong, Busan Metropolitan City.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register;

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

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

1. Selection of imprisonment with prison labor chosen;