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(영문) 부산지방법원 동부지원 2018.06.21 2018고단580
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 August 14, 2014, the Defendant received a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch, and on February 1, 2018, a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) from the same court.

On March 31, 2018, at around 22:15, the Defendant driven CNEW EF rocketing car from around 300 meters in front of the same Eup/Myeon to the 40-day east of the same Eup/Myeon while under the influence of alcohol of 0.146% in alcohol during blood without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation results, inquiry into the results of crackdown on driving under drinking, investigation reports, investigation reports on the situation of the driver under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving under driving without obtaining permission, and

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of the same kind of force as the suspect), and of a summary order;

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 stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is disadvantageous to the defendant, such as the driving of drinking without a license. The crime of this case is not bad in quality, the defendant's driving level is relatively high, and the defendant has three times a previous conviction of drinking.

However, it is favorable for the defendant to recognize the facts charged and reflect it.

In addition, the sentencing conditions in the trial process of this case, such as the defendant's age, sex, environment, means and result of the crime, etc., are integrated.

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