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(영문) 부산지방법원 서부지원 2018.04.03 2017고단2052
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

【The Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act at the Busan District Court on October 18, 2016, and on May 25, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Busan District Court Seo branch branch.

【Criminal facts” On November 20, 2017, the Defendant driven a 3 kilometer B car with approximately 0.159% alcohol level from the day before the Busan veterans hospital located in the same Gu and Dong, which was under the influence of 0.159% of alcohol level during blood, on November 20, 2017 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and a statement in the circumstances of the driver involved;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a summary order and attachment of the same type of crime records), summary order, and text of judgment, respectively;

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. Selection of imprisonment with prison labor chosen;

1. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of criminal records exceeding fines);

1. Article 62(1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. The reason for sentencing under Article 62-2 of the Criminal Act on May 25, 2017 is that the Defendant had been sentenced to a fine of KRW 5 million due to drinking driving on two occasions, such as having been sentenced to a summary order of KRW 5 million due to drinking driving on May 25, 2017, but the Defendant had already been sentenced to a fine of KRW 5 million, but has not been sentenced to the said summary order and has not been sentenced to six months, and

However, there are two times a summary order due to driving of drinking, which leads to the confession of the defendant, the mistake of the defendant, and the defendant's driving.

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