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(영문) 부산지방법원 2016.05.12 2016고단713
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 7, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court's order on May 26, 2015. On January 12, 2016, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court's branch court's Busan District Court's order on May 26, 2015. On January 12, 2016, the Defendant was sentenced to imprisonment of KRW 8 months and suspended sentence of two years for a crime of violating the Road Traffic Act.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 15, 2016, at around 22:35, the Defendant driven a BF car while under the influence of alcohol with approximately 0.078% alcohol concentration in blood without obtaining a driver’s license from the front of the BF-dong BG-dong BG-dong Intersection, Busan Metropolitan City, to the front of the same Gu-dong LG electronic agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and an inquiry into driver's license;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous conviction and previous convictions of the disposition, reporting on each investigation, and application of Acts and subordinate statutes in the color of the case;

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. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applied.

5. The grounds for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity are as follows: (a) having been punished for driving under drinking and driving without a license, repeated driving under the influence of alcohol; (b) having been sentenced to a suspended sentence for a crime involving traffic accidents and escape without a license; and (c) having been sentenced to a suspended sentence for a crime involving traffic accidents and the liability for the crime of this case is extremely heavy on a 3-day basis.

However, the fact that the defendant is against the law and the equality in the case that the judgment is rendered concurrently with the crime that has become final and conclusive.

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