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(영문) 부산지방법원 동부지원 2018.08.08 2018고단1008
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 4, 2018, the Defendant driving without a license: (a) around 23:00 on May 4, 2018, 2018, the Defendant driven, without a driver’s license, approximately KRW 30km, from the 503-dong Underground Parking Lot of the 503-dong apartment to the fluoral house parking lot in the same city, to the fluoral house parking lot in the middle school near the fluoral middle school in the same city.

2. On May 5, 2018, Defendant 2 was sentenced to a fine of three million won on July 11, 2017, for a violation of the Road Traffic Act (driving) at the Busan District Court on July 11, 2017; and seven million won on November 30, 2017, for a violation of the Road Traffic Act (driving) in the same court.

Although the Defendant had been punished twice due to drinking, on May 5, 2018, the Defendant driven a vehicle with approximately 14 km distance from the front of the Gandong Busan Seo-gu Busan Western bus terminal to the same time, while under the influence of 0.158% of alcohol during blood without a driver’s license on May 5, 2018, while under the influence of around 07:47 on May 5, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to make a statement on the circumstances of drivers working at the main place, investigation reports (report on the circumstances of drivers working at the main place), photographs on the control site, driver's license registers, criminal records, etc., and criminal reports;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the defendant's criminal records, blood alcohol concentration numbers, the defendant's age, environment, sexual conduct, the circumstances and result of the crime in this case, and the circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act;

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