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(영문) 부산지방법원 2016.04.12 2016고단897
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 20, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Busan District Court on September 20, 2007, KRW 3 million to a fine for a violation of the Road Traffic Act (driving), etc. at the same court on July 18, 2008, and KRW 5 million to a fine for a violation of the Road Traffic Act (driving), and on July 17, 2012, the Defendant was sentenced to a summary order of KRW 5 million at the same court on July 25, 2014.

On January 9, 2016, at around 23:47, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a vehicle C with fladem in a section of about 300 meters, from around 0.160 meters, to the front road of the “Graneg loan” located in the same Dong located at the bottom of the Busan Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions: A reply to inquiries, such as criminal history, written judgments, and copies of summary orders;

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. Punishment provided for in Article 40 of the Commercial Concurrent Crimes Act (Punishment provided for in a crime of violating the Transport Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (the reflectivity, the fact that social ties are obvious, and the circumstances leading to the instant crime, etc.);

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