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(영문) 부산지방법원 2017.02.09 2016고단231
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On August 27, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic law in the Busan District Court’s branch branch branch (drinking driving) on August 27, 2012, and was sentenced to four months for a crime of violating road traffic law at the Busan District Court on April 8, 2015 and completed the execution of the sentence on August 7, 2015 and was sentenced to nine times the same kind of power.

[2] On January 4, 2016, at around 23:30, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of approximately 0.078%, without a driver’s license, at a section of about 1km from the front of the Taedong Hospital located in the Busan East-gu, Busan to the road in the same Dong-dong.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and of each investigation report (for a time, 8,9) statute;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 35 of the Criminal Act for aggravated repeated crimes;

5. The sentence is to be imposed in light of the fact that a large amount of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act and the repeated crime is committed during the period of repeated crime. However, the sentence shall be determined in consideration of the alcohol content and the sentencing conditions indicated in the record.

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