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(영문) 부산지방법원 2017.01.11 2016고단7066
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 2, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Busan District Court on September 27, 2007. On March 3, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Dong branch of the Busan District Court on March 3, 2008. On October 25, 2016, the Defendant violated the provisions on the prohibition of driving under the influence of alcohol at least twice under the Road Traffic Act by receiving a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on October 25, 2016.

On October 29, 2016, the Defendant driven a sports car with approximately 3 km B knific bcoon from the vicinity of the Macheon-dong in Busan to the front of the international white apartment located in the same Gu, under the influence of alcohol content of 0.087% during blood without obtaining a driver's license on October 29, 2016.

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. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);

1. An order to observe and attend protection and observation courses under Article 62-2 of the Criminal Act;

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