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(영문) 부산지방법원 동부지원 2015.08.20 2015고단1101
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 16, 2010, the Defendant was sentenced to the suspension of the execution of imprisonment for eight months with labor for a violation of the Road Traffic Act in the Busan District Court's branch branch, and on April 25, 2014, the Defendant was sentenced to one year and two months from the Busan District Court's imprisonment with labor for a violation of the Road Traffic Act (driving) and completed the execution of the sentence in the Gyeyang Detention House on November 16, 2014.

On February 11, 2015, at around 00:36, the Defendant driven a motor vehicle in the area of approximately 200 meters away from the GSknex station in the Southern-gu Busan Metropolitan City to the front of the modern home office in the same Dong, without obtaining a driver’s license. The Defendant driven a D KSkknex vehicle while under the influence of alcohol level of 0.121%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports, such as criminal records, investigation reports (verification of the date of release of a suspect), investigation reports (report on attachment of the same type of crime records), and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following circumstances as the reasons for sentencing Article 35 of the Criminal Act with regard to repeated crime: (a) the Defendant’s age, character and conduct, environment, background leading up to the Defendant to each of the instant crimes; and (b) various sentencing conditions as prescribed in Article 51 of the Criminal Act, such as the circumstances before and after the instant crime, etc., even if considering the circumstances favorable to the Defendant, the sentence of sentence is deemed inevitable, and the sentence is determined as indicated

The favorable circumstances: The defendant recognized all of the crimes of this case.

Even if the defendant is happy, the distance of the defendant's vehicle is relatively short.

The defendant is subject to criminal punishment for the same kind of crime, and the defendant is not subject to criminal punishment.

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