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(영문) 부산지방법원 동부지원 2017.08.24 2017고단1139
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 10, 2010, the Defendant issued a summary order of KRW 3 million on March 12, 2014 by the same court as a fine of KRW 4 million on the same offense in the same court.

On March 22, 2017, the Defendant, without obtaining a driver’s license, driven C Food Vehicles with approximately 0.061% of alcohol concentration in blood from the section of approximately 1k-meter in the same city, Dongdong-dong, Dodong-dong, Sindong-dong, and from around 02:40 on March 22, 2017 to the day of the department store.

around 05:40 on June 8, 2017, the Defendant driven a D's car without obtaining a driver's license from around approximately 500 meters to around the road in front of the Jinnel High School located in the Dong-gu, Seo-gu, Busan, and Dong from around 05:40 on June 8, 2017.

Summary of Evidence

"2017 Highest 1139"

1. Statement by the defendant in court;

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. Previous convictions in judgment: "Written reply to inquiry, such as criminal history, 2017 Highest 1,300";

1. Statement by the defendant in court;

1. Report on detection of non-licensed drivers, report on the circumstances of non-licensed driving, and application of statutes to the ledger of driver's licenses;

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 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. For the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, each of the crimes in this case is a driving under the influence of alcohol without a license and thereafter driving under the influence of a license. The crime is bad, the defendant has a criminal record for the same kind of crime, and the defendant has committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on May 19, 2015.

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