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(영문) 부산지방법원 2016.06.16 2016고단1670
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 7, 2007, the Defendant is a person who violated the prohibition of driving under the influence of the Road Traffic Act on more than two occasions by receiving a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act in the Busan District Court on October 29, 201, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Busan District Court on October 29, 201, and a fine of KRW 4 million as a crime of violation of the Road Traffic Act in the Dong branch of the Busan District Court on October 26, 201, respectively.

On April 6, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on April 21, 2016, driven approximately 3 km Fpoter trucks from the bron bron chip to the front of the water hospital located in the same wing-dong of Busan, Busan, through the influence of alcohol content of 0.159%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Although Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering to provide community service and attend lectures, the Defendant’s liability for repeating the same crime, such as repeating the same criminal history as the sentencing reason, is not somewhat weak.

However, the sentence shall be determined as ordered in consideration of the sentencing conditions, such as the fact that there is no less punishment than a suspended sentence for the same crime, the fact that the sentence is against the defendant, the age, sex, environment, etc.

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