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(영문) 부산지방법원 2017.06.01 2017고단1861
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2015, the Defendant committed a crime of violation of the Road Traffic Act at the Busan District Court on December 9, 2002, the Defendant was punished by a fine of two million won or more due to a violation of the Road Traffic Act (driving) at the Busan District Court on June 28, 2007, a fine of four million won or more due to a violation of the Road Traffic Act (driving) at the same court on June 9, 2007, and a fine of two million won or more due to a violation of the Road Traffic Act (driving) at the same court on June 9, 2008, and on November 11, 2014, the Defendant was punished by a fine of six hundred and five million won or more due to a violation of the Road Traffic Act (driving) at the same court on November 27, 2014, respectively.

On October 27, 2015, around 21:2, the Defendant driven a C body-ray car under the influence of alcohol concentration of 0.095%, without obtaining a driver’s license from the front line of the trade name in the vicinity of the Fenest golf course located at the Han-gu, Busan at the lower end of 66, to the same sports park at approximately 1km from the front line of the trade name in the vicinity of the Venestast-gu, Busan to the same sports park at least 509.

2. On April 2, 2017, the Defendant driven D Poter Cargo Vehicles without obtaining a driver’s license from the Spoter parking lot located on April 14:20, 2017, located on the 399 Spoter-ro 324, from the Spoter-ro 324, to the Poter-dong, Gpoter-dong, Gpoter-dong, Gpoter-dong, from around 1km to the Poter-dong, from the Kpoter-dong, to the Poter-dong, Gpoter-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each person of the defendant;

1. Inquiry into the results of regulating the driving of alcohol, the statement report on the circumstances of the driving driver, and the driver's license register;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in the judgment: A criminal investigation report (Attachment to the previous convictions and attachment of the judgment), references to inquiries, such as criminal history, shall apply to the statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, which increases concurrent crimes, is an offense of violation of the Road Traffic Act.

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