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(영문) 부산지방법원 2017.09.21 2017고단3161
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2015, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on February 19, 2016, KRW 3 million for the same crime, etc., seven times the same kind of power.

On June 7, 2017, the Defendant driven a motor vehicle with 400-meter C luscisison from the leuk River in Busan Jung-dong to the front road located in Jung-dong 1, Jung-gu, Busan, with a level of alcohol content of 0.163% without obtaining a driver's license for a motor vehicle on June 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the circumstances of driving without a license, and the ledger of driver's licenses (A);

1. Application of Acts and subordinate statutes to an investigation report on a reported case, and a copy of the details reported 112 cases;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

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 for the observation of protection and observation lies in seven times from 2002 to April 18, 2017, where the defendant had been convicted of violating road traffic laws due to drinking or non-licensed driving, and the degree of the defendant's driving at the time of driving of the instant case was considerably significant: Provided, That the defendant has no criminal conviction exceeding the fine, the defendant has no criminal conviction beyond the fine, the circumstances of the crime may be considered, and all other factors of sentencing specified in the course of pleading, such as the defendant's age, character and conduct, and environment, are considered.

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