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(영문) 부산지방법원 2017.08.22 2017고단2507
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 2507"

1. On October 1, 2015, the Defendant is a person who has been punished twice or more due to drinking driving, such as having been sentenced to a summary order of a fine of five million won or more due to a crime of violating the Road Traffic Act in the Busan District Court, and a fine of 2.5 million won or more due to the same crime in the same court on May 19, 201.

On April 25, 2017, at around 23:02, the Defendant driven a car without obtaining a driver's license from the front day of Hocheon-gu, Busan, Busan, to the front day of the same wave road located in the Seocho-gu, Busan, to the front day of the Busan, and without obtaining a driver's license from about 1km section of approximately 0.131% of alcohol content among blood while under the influence of alcohol.

"2017 Highest 2888"

2. 도로 교통법위반( 무면허 운전) 피고인은 2017. 3. 27. 23:39 경 자동차 운전면허를 받지 아니하고 부산 부산진구 범 냇 골 사거리에서부터 부산 동구 범일동에 있는 범일 초등학교 앞 도로에 이르기까지 약 1km 구간에서 C SM5 승용차를 운전하였다.

Summary of Evidence

"2017 Highest 2507"

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. References to inquiries, such as criminal history, "2017 Highest 288";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (1) 1, Article 44 (1) of the Road 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);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Order to attend lectures twice due to driving of drinking for the reason of sentencing Article 62-2 of the Criminal Act, and two times due to driving without a license.

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