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(영문) 부산지방법원 동부지원 2018.08.22 2018고단1021
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On May 23, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on May 23, 2007, a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the same court on July 13, 2012, and a fine of five million won for a violation of the Road Traffic Act (dacting driving) at the same court on January 17, 2013. On January 5, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (dacting driving).

On May 13, 2018, the Defendant driven a motor vehicle of approximately 500 meters owned by the Defendant without obtaining a driver’s license under the influence of alcohol level of 0.153% from around the sea area located in the Don-dong, Busan, the Don-dong, the Don-dong, Busan, to the roads located in the same Gu and the middle-dong, the Don-dong, the Don-dong, the Don-dong, the Don-dong, the Don-dong.

Accordingly, the Defendant, as seen above, driven a motor vehicle without obtaining a driver’s license and who violated the regulations on concurrent drinking driving at least twice, and was under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of a report, a report on detection of drivers working at the main place, a report on the circumstances of drivers working at the main place, a criminal investigation report (report on the circumstances of drivers working at the main place), an accident site and vehicle photograph, an inquiry into the ledger of driver's licenses, criminal history, etc.

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;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s criminal history, blood alcohol concentration, age, environment, sexual conduct, and all of the sentencing conditions, including the instant crime, and the circumstances after the commission of the crime, shall be determined as ordered by taking into account.

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