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(영문) 부산지방법원 2016.04.06 2015고단6554
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on July 2, 201, and a fine of KRW 2 million for the same crime at the same court on April 23, 2015.

On October 3, 2015, the Defendant, at around 23:40 on October 3, 2015, driven Bho-do car under the influence of alcohol concentration of about 0.231% in the section of approximately 1km from the street in front of the non-cafeteria cafeteria located at the lower end of Busan, to the new apartment located at the Sho-gu, Yari-dong.

around 21:58 on October 26, 2015, the Defendant driven Bran-car under the influence of alcohol content of about 0.170% at a section of about 4km for the first public parking lot located in the Seo-gu Yandong, Seo-gu, Busan, Seo-gu, Busan, about 21:58.

Summary of Evidence

"2015 Highest 6554"

1. Statement by the defendant in court;

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

1. "Inquiry about the results of crackdown on driving drinking, 2015 high group 7534";

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Investigation report (the result of appraisal);

1. A written expert report "before the judgment";

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (suspects, previous and confirmations);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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. In view of the fact that the Defendant had no criminal record of the suspension of qualification or more than the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the Defendant’s assertion on October 26, 2015, “A person who was under contact with his or her mother but became unable to drive on his or her behalf because he or she was absent from driving on his or her behalf,” as seen earlier, the Defendant was punished for driving on April 23, 2015, and thereafter, was under the influence of drinking again on October 3 of the same year.

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