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(영문) 부산지방법원 동부지원 2017.09.20 2017고단1532
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 23, 2013, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court on July 23, 2013, and a summary order of 3 million won for a crime of violating the Road Traffic Act in the same court on February 20, 2014, respectively, and on August 31, 2016, the Defendant was sentenced to imprisonment of 8 months and 2 years of suspension of execution on September 8, 2016.

1. On June 27, 2017, the Defendant, without obtaining a driver’s license, driven the Eone Star Co., Ltd. at around 06:35, Jun. 27, 2017, from around 150 meters to the construction site of D apartment located in the same Gu from the Defendant’s home located in the Busan East-gu, Busan, to the construction site of D apartment located in the same Gu.

2. On June 28, 2017, the Defendant, without obtaining a driver’s license, driven the Eone Star Co., Ltd in the same section of around 06:03 around June 28, 2017.

3. On June 29, 2017, the Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) on June 29, 2017, the Defendant, without obtaining a driver’s license, driven a Eone Star bus under the influence of alcohol content of approximately 0.104% from the 1km section to the front road of the cartoon-type, Patho-gun, Busan, the plane captain-gun, without obtaining a driver’s license; (c) around 15:10 on June 29, 2017, he/she driven a Eone Star car under the influence of alcohol content of about 1km from the 1km section to the front road of the cartoon-type.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Motor vehicle accident report (survey report on the actual condition of the driver involved, report on the driver's circumstantial statement, measurement of drinking, investigation report (limited to attachment of black stuff image data), image data closure room, vehicle driver's license register, investigation report (investigation into the investigation of the suspect's non-licenseed on June 27, 2017), and attachment photographs;

1. Previous convictions: Investigation into criminal history and application of Acts and subordinate statutes (reports on the records of the same crime as the suspect and probation period);

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning criminal facts

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