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(영문) 부산지방법원 동부지원 2018.03.22 2018고단98
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On January 7, 2003, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (drinking driving), KRW 4 million as a fine for a violation of the Road Traffic Act (drinking driving) at the Dong branch branch of the Busan District Court on December 20, 2013, KRW 2 million as a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong branch branch on January 20, 2016, and KRW 1 million as a fine for a violation of the Road Traffic Act (dacting driving) at the Busan District Court's Dong branch branch on October 24, 2016.

Although the Defendant had had a history of driving alcohol more than twice as above, on December 30, 2017, the Defendant driven C-man vehicle without a driver’s license while driving approximately 0.134% of alcohol concentration in the section of approximately 2km from the road in front of the fluent frequency to the water blade of the traditional sea located in the same Eup/Myeon located in the same Eup/Myeon located in the front of the flusium located in the city of Busan-gun, Busan-gun, the head of the Dong-gun, Busan-gun, and the road in front of the water blade of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident, reporting of the occurrence of a traffic accident, on-site photographs, license inquiries, reports on detection of drivers at home, circumstantial statements, investigation reports (the above rare official investigation reports - Reporting on alcohol content in blood at the time of the accident 0.134%);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (report on the confirmation of the previous personal history), each summary order, and application of criminal history-related Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 Code of the Order of Education and the order of community service is driving under the influence of alcohol without a license, and the crime is not bad, the defendant has committed the same offense several times, and the degree of the defendant's driving.

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