(영문) 부산지방법원 동부지원 2018.10.18 2018고단1631

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(영문) 부산지방법원 동부지원 2018.10.18 2018고단1631

도로교통법위반(음주운전)등

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

Reasons

Punishment of the crime

On November 3, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on November 3, 2009, and on April 27, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving) and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act on at least two occasions by the same court.

On April 14, 2018, at around 06:05, the Defendant driven B QM5 car with alcohol level of 0.118% while under the influence of alcohol without a driver’s license. On April 14, 2018, the Defendant continued approximately 200 meters from the front day of the mutual influence house in Yangsan City to the front front day of the neighboring D apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reports on the circumstances of the driver of alcohol, and copies of the register using the measuring instruments for drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal records and application of investigation reports (formers and court rulings, etc.);

1. Driving under the influence of alcohol after a violation of relevant provisions of the Act on the Traffic of Roads on the grounds of the crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of amount of punishment include the records of punishment for the same kind of crime, but they reached the driving of the instant drinking or non-license without a license, and the defendant's imprisonment like the order shall be sentenced in light of the drinking volume, time of drinking, etc., and the considerable danger is considerable

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