logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.02.07 2016고단7067
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

"2016 Highest 7067"

1. On July 21, 2006, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court on July 21, 2006, and on January 10, 201, the same court issued a summary order of KRW 3 million for the same crime, etc.

On September 24, 2016, the Defendant, while drunkd 0.218% of alcohol content during blood transfusions, driven B rocketing car in the section of approximately 1.5 km from the parking lot at the Gresh Pungm Sales Center located in the Busan Greungdong-gu, Busan through the same lot in the same location, to the parking lot at the Busan Busan Joint Wholesale Market located in the same location.

"2016 Highest 7279"

2. On November 15, 2016, the Defendant was driving a B rocketing car without obtaining a driver’s license from around 11 km section from around 15:35, 2016 to the 11km road in the Domindong-dong, Busan Metropolitan City.

Summary of Evidence

"2016 Highest 7067"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and a criminal investigation report (the previous one) "2016 Highest 7279";

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated to the extent that the sum of the long-term punishments of each of the crimes above is added to the crimes violating the Road Traffic Act with heavier punishment];

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act is that there was a history of criminal punishment once due to one time due to driving of drinking alcohol, driving of drinking and causing danger driving.

arrow