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(영문) 부산지방법원 2016.06.30 2016고단1426
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 21, 2010, the Defendant has been sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act in the Busan District Court on December 21, 2010, a fine of KRW 1.5 million for the same crime in the same court on July 23, 2014, and a fine of KRW 7 million for the same crime on July 22, 2015, respectively.

Criminal facts

On March 1, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on March 1, 2016, driven CRab vehicle in the section of approximately 8 km to the front corner of the Swin-gu, Busan in Busan in the trife-dong, Busan in the trife-dong, Busan in the shape of alcohol concentration of 0.103%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver involved and the report on detection;

1. Inquiry into the ledger of driver's licenses and residents;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (formers and confirmations), and application of summary orders of three Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering to Provide community service and attend lectures is not subject to punishment four times due to the driving of alcohol without a license, and the criminal defendant's liability is heavy, such as repeating the crime of this case, since he/she was punished for the last driving of alcohol, and the last driving of alcohol has not been much long.

However, the sentence shall be determined as ordered in consideration of the sentencing conditions, such as the fact that there is no less punishment than a suspended sentence for the same crime, the reflective fact, the age, sex, environment, etc. of the defendant.

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