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(영문) 부산지방법원 동부지원 2016.07.11 2016고단528
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 January 26, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on May 26, 2015, the Busan District Court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

Criminal facts

1. On March 26, 2016, the Defendant, at around 19:30 on March 26, 201, driven a C EX car without a driver’s license from the front of the 101-dong B Apartment-gu, Busan, to the front of the non-cafeteria-dong, U.S., and the front of the non-cafeteria-dong, Busan.

2. On March 27, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) driving a CEX car without a driver’s license in the section of about 3 km from the front of a restaurant located in the CY-dong of Busan, which is located in the CY-gu, Busan, to the front of the Yellow-gu, Chungcheongnam-gu, Busan, under the influence of alcohol leveling to 0.101% of alcohol level among the blood transfusion around 04:05.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) Act and subordinate 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 50-1 of the Criminal Act, the choice of imprisonment with prison labor chosen for an ordinary concurrent crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed each of the crimes in this case again even though he had been punished for drinking and driving without a license.

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