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(영문) 부산지방법원 2017.07.05 2017고단734
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal history] On October 9, 2007, the Defendant issued a summary order of 700,000 won of a fine for a violation of Road Traffic Act at the Daejeon District Court on the same day, and on January 5, 2017, the Defendant requested a summary order of 3 million won of a fine to the Busan District Court for the same crime.

[2017 Highest 734] On January 18, 2017, the Defendant driven CMF5 car in the state of alcohol alcohol level of about 8km from around 00:52 to the front road of the “Seoul East-dong,” located in the Busan-dong, Seocheon-dong, Busan-do.

[2017 Highest 2195] On February 15, 2017, the Defendant, while under the influence of alcohol with 00:10% of alcohol during blood without a vehicle driver’s license, driven a CM5 vehicle at a approximately 500 meters section of 0.074% around the Busan Simdong MBC broadcasting station, Busan Young-gu MBC station, to the road adjacent to the Busan Simdong-dong dong, Suwon-dong, U.S. 5 vehicle.

[2017 Highest 2458] On April 19, 2017, the Defendant driven the CM5 car without the driver’s license, more than 1 km from the front of the Home Studio in front of the same Gu to the road located in 223 Doo-ro 29, Nam-gu, Busan, Suwon-gu, Busan, about 17:46 on April 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances concerning the driver's license in the main place (2017 senior group 734);

1. The driver's license ledger;

1. Report on the circumstances of driving at home (2017 Highest 2195);

1. Report on the circumstances of driving without a license (2017 Height 2458);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (the same records as the suspect), a summary order, and the application of statutes written in indictment;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (which reflects the nature of a small amount).

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