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(영문) 부산지방법원 2017.06.27 2017고단2806
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 4, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court, and KRW 2 million for the same crime at the same court on March 30, 2010, respectively.

On April 28, 2017, at around 23:50, the Defendant driven a C physical-person car under the influence of alcohol concentration of about 0.125% without obtaining a driver's license from around 13 meters in front of the Hanyang-gu, Busan, the Jung-gu, the Jung-gu, the Hanyang-gu, the 13th half-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the upper part of which was located in the 2nd side of the same Gu to the front of the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Article 148-1 (1) 1, Article 44-4 (1) of the Traffic Act concerning facts constituting an offense, and Articles 152-1 and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as the following favorable circumstances), the punishment for the crime of this case is not less than that of the crime of this case, but is not less than that of the crime of this case, the fact that there is no record of criminal punishment exceeding the fine for the same crime, the fact that there is no record of criminal punishment exceeding the fine for the same kind of crime, the defendant's age, sex behavior, environment, background leading to the crime, circumstances leading to the crime, etc. shall be determined as the sentence of this case by comprehensively taking account

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