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(영문) 부산지방법원 2016.05.03 2015고단8849
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2008, the Defendant was issued a summary order of one million won by violating the Road Traffic Act (drinking driving) at the Busan District Court on August 13, 2008, and on July 8, 2014, the Defendant was issued a summary order of 2.5 million won by the same court as the same crime.

On September 21, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle at around 20:10, driven a C-wing vehicle at the 2km section from the head of Ulsan National University adjacent to Ulsan National University located in Ulsan-gu, Ulsan-do, U.S. and located in Ulsan-do, under the influence of alcohol content of 0.051%.

Summary of Evidence

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to 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 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. 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. The fact that there is no record of criminal punishment exceeding the fine of the fact that a normal defendant has been sentenced three times to criminal punishment due to driving of normal drinking disadvantageous to the reason for sentencing under Article 62(1) (hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, and that there is no record of being sentenced to criminal punishment exceeding the fine of the fact that the drinking volume is low, by comprehensively taking into account the defendant's age, sex, environment, background leading to the crime, circumstances after the crime, etc., and the sentence is determined as ordered by

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