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(영문) 부산지방법원 2016.01.12 2015고단6677
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 24, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court on September 24, 2008, and on January 27, 2010, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on January 27, 201, and on June 17, 2014, the Defendant was sentenced to a suspended sentence of six months for imprisonment for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court racing support and the said judgment became final and conclusive on June 25, 2014.

On October 1, 2015, at around 22:45, the Defendant driven a BM car without obtaining a driver’s license in the state of alcohol concentration of approximately 0.067% from the cY parking lot in the history of the thought-gu Busan Metropolitan City CY parking lot to outside the entrance of the said parking lot from around 25 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the text of the judgment, etc. and confirmation date of the judgment);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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 Competition;

1. Selection of imprisonment repeatedly with prison labor for the instant crime even though he/she has been punished twice by a fine for the same kind of crime during the suspended period specified in the judgment of choice of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount of punishment ( normal consideration, such as the confession, distance and circumstances of driving, the numerical value of drinking, etc. of a defendant);

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