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(영문) 부산지방법원 2016.05.31 2015고단7189
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 21, 201, the Defendant was issued a summary order of KRW 4 million by the Busan District Court due to a crime of violating the Road Traffic Act (drinking driving), and on September 3, 2014, the Defendant was issued a summary order of KRW 4 million by the Busan District Court due to a crime of violating the Road Traffic Act (drinking driving).

On March 13, 2015, the Defendant was under the influence of alcohol with 0.136% in blood without obtaining a driver’s license at around 00:03, and the Defendant was driving at approximately approximately approximately 200 meters from the roads in the same section at the bottom of the city of Busan to the roads in front of the South Korean elementary school under the same location.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous convictions in the same case and report);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Although there was a record of three times criminal punishment due to driving of normal drinking disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, the crime of this case is committed in addition, in light of the fact that the crime of this case was committed in violation of traffic laws and regulations and criminal punishment, the driving distance is relatively short, and the driving distance is relatively short, taking into account the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., and determine the punishment as set forth in the order.

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