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(영문) 부산지방법원 2016.07.22 2016고단2451
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 21, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. in the support for the development of a water source method, and on May 13, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime at the Ulsan District Court.

On March 25, 2016, at around 18:39, the Defendant, without a driver’s license, driven B luter truck at a section of approximately 100 meters from the front road of the Bobal building located in the city where Busan is located to the same luminous ethyl road as that of the same location, while under the influence of alcohol content of 0.176%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each summary order ( approximately 1224, approximately 15899), respectively, of the relevant Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The fact that the instant crime was committed without a driver's license in the state of drinking, despite the fact that the Defendant committed the instant crime without a driver's license for one time due to one-time driving of a normal drinking disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, and three times due to driving without a driver's license, and in addition, in addition to the above criminal charges, the level of drinking is very high, in light of the fact that the Defendant committed the instant crime without a driver's license, other than the aforementioned criminal charges, three times as a violation of road traffic law, one time as a violation of the Guarantee of Automobile Compensation, and one time as a violation of the Automobile Management Act, and one time as a violation of the Automobile Management Act, the fact that the awareness of compliance with the traffic-related laws and regulations

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