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(영문) 부산지방법원 2015.05.01 2014고단10090
도로교통법위반(무면허운전)등
Text

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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 1.5 million at the Changwon District Court on July 28, 2006 to a fine of KRW 1.5 million, to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 2, 2012, to a fine of KRW 1.5 million, and a fine of KRW 6 million for a violation of the Road Traffic Act (driving) at the Busan District Court on December 18, 2014 at the Busan District Court on December 18, 2014.

On November 26, 2014, the Defendant, as a person who violated the laws and regulations on the prohibition of drinking under the influence of alcohol twice or more, driven B rocketing car at approximately 500 meters from the influent road located at the lower end of Busan, which was under the influence of 0.104% of alcohol concentration without obtaining a driver’s license on November 26, 2014 to the roads front of the Dogjin River Station located at the lower end of Busan, which was under the influence of 0.104% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' state statement, the report on the state of drinking drivers, and the inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor, taking into consideration repeated crimes of the same kind of crime, drinking volume, etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances, such as the reflectivity of the accused and the fact that there is no previous conviction in excess of the fines);

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

1. Taking into account the frequency of occurrence of the same crime by the accused for sentencing under Article 62-2 of the Criminal Act;

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