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(영문) 부산지방법원 2015.12.16 2015고단5853
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 6, 2009, the Defendant was 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 17, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court on August 17, 2009, and on May 13, 201, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Seowon District Court’s Housing Site, and on October 24, 2013, the Defendant completed the execution of the sentence at a female prison on December 21, 2013.

【Criminal Facts】

On August 15, 2015, the Defendant, without obtaining a driver’s license on August 23:23, 2015, driven CM7 car at approximately 300 meters from the front side of the Doyang HC factory in the same Ri from the mutual unfluent restaurant in the Gyeonggi-si Man-Eup, Gyeonggi-do, to the front side of the Doyang HC factory in the same Ri, while under the influence of alcohol content of 0.189% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a driving without a license, report on the circumstances of a driving without a license, the register of driver's licenses, and the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (a copy of the same type of electric records and the summary order attached), and application of Acts and subordinate statutes on identification records by individual;

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

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

1. Imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the Defendant had been punished several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation, even though he had the record of punishment, he/she again drives the instant drinking alcohol, the blood alcohol concentration high, and the fact that he/she committed the crime within the period of repeated offense, he/she should be punished strictly.

provided, however, that it is a like crime.

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