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(영문) 부산지방법원 2017.06.22 2017고단1605
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On August 14, 2013, the Defendant was issued a summary order of KRW 3 million by the Busan District Court for a crime of violation of the Road Traffic Act, and KRW 5 million by the same court on March 8, 2016 for a crime of violation of the Road Traffic Act.

[2] On March 14, 2017, the Defendant was under the influence of alcohol 0.219% in blood as a person who had a criminal record of driving at least twice under the influence of alcohol on at least two occasions, and was driving a B motor vehicle at approximately 2 km in front of the Geumdong-gu Busan East-gu Busan East-gu Fluxal High School without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the driver's license register;

1. Records of the judgment: Application of the inquiry letter, such as criminal history, (A) and the Act 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The punishment as ordered is determined by taking account of the following: (a) the protection and observation, the community service order, the order to attend a lecture, and the order to attend a lecture, and the fact that there are many criminal records of the defendant for the reasons of sentencing under Article 62-2 of the Criminal Act, and, in particular, the records of punishment for driving under drinking and non-licensed driving since 2013 up to three times; (b) the degree of driving at the time of the instant crime was very significant; (c) the defendant reflects the crime;

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