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(영문) 부산지방법원 동부지원 2016.09.19 2016고단1156
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

On December 4, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court on December 4, 2015, and on May 10, 2016, the Busan District Court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act.

Criminal facts

On July 2, 2016, while under the influence of alcohol leveling to 0.128% during blood transfusion around 23:30 on July 2, 2016, the Defendant driven Category B K-3 Motor Vehicles without the driver’s license from approximately 1km to the 49 U.S. road located in the 166 North-gun, North-gun, Chungcheongnam-si, North-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;

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. 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order of community service and the order to attend a compliance driving lecture is important in light of the fact that the defendant committed the crime of this case again even though he had the same criminal record. However, there is no other criminal record except twice a fine, the defendant has no other criminal record, and the defendant's age and family relation are determined as ordered by taking into account all the normal records in the trial process such as the circumstances leading to the crime, the defendant's age and family relation.

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