(영문) 부산지방법원 2017.12.13 2017고단5194

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2017.12.13 2017고단5194

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 16, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Western District Court, and the execution of the sentence was provisionally released on August 14, 2015 and completed September 15, 2015.

[2] On July 10, 2009, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a violation of road traffic law in the branch court of the Busan District Court. On June 23, 2010, the Defendant was sentenced to a suspended sentence of 6 months with imprisonment for the same crime in the Busan District Court. On April 25, 2017, the Defendant was sentenced to a fine of 6 million won for the same crime in the branch court of the Busan District Court and was sentenced to a suspended sentence of 6 million won for driving under drinking more than twice.

On October 6, 2017, around 00:25, the Defendant driven a Category C motor vehicle with alcohol content of at least 0.074% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from around 3km section from the front of the Busan Jin-gu Busan to the front of the Public Security Center 1, Dong-gu, 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Imprisonment with prison labor (or, as stated in the judgment, it is inevitable for the defendant to choose to imprisonment with prison labor because he/she has already been punished by a fine for a crime that violates road traffic laws during the period of repeated offense, even though he/she has already been punished by a fine for a crime that violates road traffic laws during the period of repeated offense, and if he/she has again committed a crime that violates

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14498

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