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(영문) 부산지방법원 동부지원 2014.09.03 2014고단1144
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the Ulsan District Court on June 21, 2013. The judgment became final and conclusive on August 3, 2013. On September 8, 2006, the Defendant was sentenced to a fine of KRW 10 million by the Busan District Court on September 8, 2006.

On May 12, 2014, at around 01:40, the Defendant driven CM3 car under the influence of alcohol level of about 0.185% without obtaining a driver's license in the section of about 1.5 meters from the front side of the matet Shipping Authority located in the 511st east-dong cycle of Busan Metropolitan City, to the parking lot of Jeju apartment complex located in the 118th east-dong cycle of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. It is recognized that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is that he/she repents his/her mistake.

However, if the defendant committed the crime of this case again during the period of suspension of execution for the same kind of crime even though he had been tried for the same kind of crime, the blood alcohol level is significant, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions shown in the arguments of this case, such as

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