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(영문) 부산지방법원 서부지원 2017.10.12 2017고단595
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Busan District Court's Dong Branch, and on April 16, 2015, a fine of five million won for a violation of the Road Traffic Act was sentenced by the Busan District Court's Decision on April 16, 2015.

around 22:00 on May 11, 2017, the Defendant driven a motor vehicle with B gallon under the influence of alcohol content of about 1 0.143% while under the influence of alcohol while under the influence of B gallon, without obtaining a driver’s license, from the front of the “Korea bank” located in Seopo-dong, Seopo-si, Seopo-si to the front road of the “Yanmanmanan” located in the same Dong.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

On July 1, 2017, the Defendant, while under the influence of alcohol of 0.071% during blood without a driver’s license on July 1, 2017, the Defendant driven a ballon car from a section of approximately 800 meters from the front of apartment to the front road of the international white apartment located in the same Dong from Busan Jin-gu, Busan.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports, and "2017 Seniors 595";

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. "Reference data, such as the ledger of licenses of the person under consideration, 2017 high group 823";

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate 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), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. Reduction of a small amount;

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