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(영문) 부산지방법원 동부지원 2016.03.30 2016고단34
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving), etc. at the Busan District Court’s branch branch on August 14, 2013. On September 3, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years under suspension of execution due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving). On September 3, 2014, the Defendant was sentenced to imprisonment with prison labor for 2 months and 2 years under suspension of execution.

Although there have been more than two occasions of the power that the Defendant was punished for driving under drinking, on November 30, 2015, at around 23:37, the Defendant was driving B-be cargo vehicles under the influence of alcohol with approximately 1k alcohol concentration of 0.056%, without obtaining the driver’s license from the front side of the mutual influence vehicle in Busan Shipping Daegu-do to the middle-dong and the middle-dong roads located in Busan Shipping Daegu-dong, and driving the B-be cargo vehicles under the influence of alcohol concentration of about 0.056%.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Previous convictions: Application of the Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment to the same criminal records);

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 an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is due to driving of a cargo vehicle under the influence of a driver without a license, which is disadvantageous to the nature of the crime, and the defendant repeats the crime during the period of suspended execution due to the same crime.

However, it is more favorable to the fact that the defendant recognized the facts charged and seriously reflected in the facts charged, and that the alcohol concentration in the blood of the defendant is not much serious.

In addition, this case's age, sex, environment, means and results of crimes, circumstances after crimes, etc.

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