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(영문) 부산지방법원 2019.08.30 2019고단3189
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 21, 2011, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court; on August 8, 2017, a summary order of KRW 4 million for the same crime at the Ulsan District Court; on April 18, 2018, the Defendant was sentenced to imprisonment with prison labor for 6 months at the Busan District Court for the crime of interference with business, etc.; and on April 26, 2018, the Defendant is a person who is currently under probation after the judgment became final and conclusive on April 26, 2018.

On June 26, 2019, at around 18:30 on June 26, 2019, the Defendant, who was punished for drunk driving, driven a Fpoter freight owned by the Defendant without obtaining a driving license, from the front side of the Croon Party located in Busan District, Busan District, to E in the direction of about 50 meters from the 50m section to the front side of the city located in Busan District, Busan District, without obtaining a driving license with a blood alcohol concentration of at least 0.209%.

Summary of Evidence

1. Defendant's legal statement;

1. Five copies of the notification of the results of the control of drinking driving, the report on the state of drinking drivers' statement, the report on the control of drinking driving, and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, references to criminal records, investigation reports (including the binding of judicial records, accompanied materials, etc.);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1) of the Criminal Act include the following: (a) the Defendant committed the instant crime even though he/she had a record of punishment for drunk driving, driving without license, etc. on several occasions; (b) the blood alcohol concentration high; and (c) the Defendant’s age, character and behavior, environment, motive, method, and consequence of the instant crime, etc. shall be determined as ordered in consideration of various sentencing conditions.

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