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(영문) 부산지방법원 동부지원 2018.05.17 2018고단23
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 3, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on November 3, 2015, and on April 27, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, etc. on April 27, 2016.

On September 24, 2017, the Defendant driven Dpoter vehicles with alcohol concentration of 0.063% in the blood without a driver's license on September 24, 2017, while driving the Dpoter vehicle with approximately 10km from Busan Ppoter parking lot to the front of the Cpool Cpool.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, reports on investigation (report on confirmation of the same type of force), and application of each statute of the judgment;

1. Driving under the influence of alcohol after a violation of relevant provisions of the Act on the Traffic of Roads on the grounds of the crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Although punishment was already imposed twice on the grounds of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, the punishment was imposed in consideration of the fact that the instant crime was committed during the period of suspension of execution, and that the risk and possibility of criticism is greater as the driver is driving of a cargo vehicle.

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