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(영문) 부산지방법원 2018.04.17 2018고단16
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On March 17, 2015, the Defendant was sentenced to a fine of four million won for a crime of violating the Traffic Act at the Busan District Court on March 17, 2015, and on April 6, 2016, the Defendant was issued a summary order of five million won or more for a crime of violating the Traffic Act at the same court on April 6, 2016.

On November 6, 2017, the Defendant driven a B Poter under the influence of alcohol level of 0.209% without obtaining a driver’s license from the front side of the Bridge apartment located in the Busan Jindong-gu, Busan, to the front side of the 500-meter B Poter in the same Dong, from the front side of the Bridge apartment located in the Busan Jindong-gu, Busan, to the front side of the Gintan cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A written inquiry about the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following conditions favorable to sentencing): The fact that there are seven times or more of the criminal records of traffic-related criminal punishment; the fact that the alcohol concentration in blood is very high; and the circumstances favorable to the occurrence of a substitute accident: the defendant's age, sex, environment, motive, means and consequence of the crime; and all of the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as per the disposition.

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