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(영문) 부산지방법원 동부지원 2017.02.14 2017고단63
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 30, 2016, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of road traffic law (drinking driving) in the support of the Youngju District Court on November 30, 201, and on July 13, 2001, the Defendant was sentenced to six months of imprisonment and two years of suspended execution.

1. On December 27, 2016, the Defendant was driving a balthm vehicle from a veterinary post office located in the Suwon-dong in Busan, to the front day of the 83-lane from the same Gu’s Dong-ro, “Seman Comprehensive Ethical Ethical Estch” without a driver’s license, while under the influence of alcohol concentration of about 0.058% during blood without a driver’s license, from around 300 meters to the galthm.

2. The Defendant violated the Guarantee of Automobile Compensation Act, as the owner of the foregoing vehicle, operated the said vehicle at the same time, location, and without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures, and other circumstances leading to the Defendant’s age, sex, environment, and the Defendant’s crimes of this case.

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