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(영문) 부산지방법원 서부지원 2019.06.13 2018고단2384
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 15, 200, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 1.5 million for the same crime on January 3, 2008. On July 20, 201, the Defendant was sentenced to a fine of KRW 3.3 million for the same crime. On May 25, 2016, the Defendant was sentenced to a summary order of KRW 7 million for a fine of KRW 1.5 million for the crimes of violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of 8 months for the crimes of violation of the Road Traffic Act (driving) on April 21, 2017.

【Criminal Facts】

On September 24, 2018, around 03:30 on September 24, 2018, the Defendant, without obtaining a driver’s license, driven a vehicle with approximately 15 km section from the sM520m section in the state of alcohol 0.053% under the influence of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Report on the proper launch of drivers who violate the Road Traffic Act, the ledger of driver's licenses, and details of disposition for the revocation of driver's licenses;

1. Investigation report (Report on the status of an employee);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports (where they are attached to the previous records and written judgments, etc.);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by law: Imprisonment with prison labor for one year - three years;

2. Determination of sentence: Imprisonment with prison labor for one year (unlimited circumstances). The crime of this case is deemed to be committed by the defendant while the driver's license of this case is revoked.

The defendant has been punished several times for the violation of the Road Traffic Act and the violation of the Road Traffic Act.

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