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(영문) 부산지방법원 2017.09.26 2017고단4026
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2008, the Defendant issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong branch on April 4, 2008, and on September 23, 2016, a fine of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court on September 23, 201.

On July 25, 2017, around 02:43, the Defendant driven a Cart XG vehicle under the influence of alcohol content of about 1.5 km at around 0.09% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front day of the Geum-Mak beauty 273, Busan High-ro, Busan High-ro, Busan High-ro, to the front day of the 644-gil 70,00,000, 6444.

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 of Part ケ of the summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed 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 a history of criminal punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the suspended sentence, the punishment as ordered is not less than that of the crime by driving under drinking without a driver's license at the time when one year has not passed since driving of the last drinking, but at the time when one year has not passed since driving of the last drinking, the fact that there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, background leading to the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the following factors.

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