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(영문) 부산지방법원 2016.10.20 2016고단3710
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 9, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Tax Evaders Act at the Busan District Court on February 9, 2015, and the said judgment became final and conclusive on the 17th of the same month, and

The defendant at the same court on June 4, 199, sentenced to a fine of 200,00 won for a violation of the Road Traffic Act, and on July 26, 2004, sentenced to a fine of 1 million won for a violation of the Road Traffic Act (driving) by the above court on July 26, 200, and 20

7. On January 16, 201, the above court was sentenced to a fine of KRW 300,000 as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on August 24, 201, and the above court was sentenced to a fine of KRW 2 million in the above court on July 1, 2014. On January 12, 2016, the above court was sentenced to a fine of KRW 4 months as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (unlicensed Driving) but appealed on April 28, 2016, and sentenced to a fine of KRW 3 million in the appellate court on April 28, 2016.

Criminal facts

On February 2, 2016, at around 03:50, the Defendant driven a e-car with blood alcohol concentration of 0.179% under the influence of alcohol while under the influence of alcohol without a driver’s license at a section of approximately 500 meters from the street in front of the D Hospital C, Busan, and the lower part of the B-dong, located in the city of Busan, to the street in front of the rest of the rest of the rest.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (a copy of summary order, etc.);

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is the majority of the criminal records of the same kind of crime for which punishment is to be imposed, and the period of probation is during which the sentence is to be suspended.

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