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(영문) 부산지방법원 동부지원 2016.09.12 2016고단665
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic law (driving), etc. in the Busan District Court's Dong Branch's branch branch's branch's branch's of Busan District Court, and on September 3, 2014, the Defendant was sentenced to a suspended sentence of 2 years for 6 months due to a violation of road traffic law (driving), etc. on September 12, 2014, and the judgment became final and conclusive on September 12, 2014. On March 30, 2016, the Defendant was sentenced to a suspended sentence of 5 million won for a violation of road traffic law (driving), etc. on March 30, 2016, and was sentenced to a fine of 5 million won for a violation of road traffic law (

Criminal facts

On May 21, 2016, the Defendant was under the influence of alcohol of 0.083% in blood without obtaining a driver’s license on around 22:30 on May 21, 2016, and driven D New Poter Cargo in the section of approximately three kilometers from the front of the 2nd 2nd dong point in Busan Shipping Daegu to the front of the 211nd dong apartment.

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 made by the police for E;

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

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

1. Inquiries into the ledger of driver's licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Binding report, such as decisions on records of the same kind of crime as the suspect), reporting on the results of confirmation of previous convictions before disposition;

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. The reason for sentencing of Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act is very serious in light of the fact that the Defendant again committed the instant crime even though he/she was under suspension of execution due to the same criminal record.

Defendant.

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