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(영문) 부산지방법원 2016.08.17 2016고단2798
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 15, 2013, the defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Busan District Court's Dong branch branch, and on November 20, 2014, the same court was sentenced to imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (licensed driving) in the same court on November 20, 2014, and was sentenced to a suspended sentence of two years on June, 201, and the decision became final and conclusive on November 28, 2014, and is currently under the suspended sentence.

On 19. 05:56 on 19. 05. 19. 105, the Defendant driven a car with approximately 100 meters of alcohol level 0.056% in blood while under the influence of alcohol level 0.056% in Busan-dong-dong, Busan-dong, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Considering that the reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act of the Act on Reduction of Small Quantity include not only the driving of drinking but also the driving without a license, and that the Defendant was under a alcohol test due to drinking during the night preceding the day, and the drinking volume was not high, the Defendant recognized the crime and the Defendant’s family members and relatives wanted to have a prior wife, even though there are many criminal records of the same kind, and thereby, the Defendant again committed the crime of this case. The crime of this case includes not only the driving of drinking, but also the driving without a license, and that the crime of this case was measured due to drinking, and that there was no high drinking level due to drinking, and that the circumstance that the Defendant did not have a high drinking level cannot be easily applied to the liability for driving without a license.

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