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(영문) 부산지방법원 2017.11.09 2017고단4172
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On May 2, 2014, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law at the Busan District Court's Dong Branch, on October 22, 2014, a fine of KRW 5 million for a violation of road traffic law at the Busan District Court's Busan District Court, and a violation of road traffic law (unlicensed driving).

[2] On August 16, 2017, at around 00:05, the Defendant driven a Crocketing car under the influence of alcohol content of about 3km from August 16, 2017 to the front road of the public parking lot in the Dong-dong, Busan, Dong-dong, Busan, with no driver’s license.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger (A);

1. Records of crime: Application of a written inquiry about criminal history, etc. (A) and Acts and subordinate statutes such as a report on investigation (two times the drinking record);

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

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that there are two previous convictions due to drinking, driving without a license, etc. as shown in the criminal records as indicated in the judgment of the defendant, and the extent of the principal practice of the defendant at the time of the instant case is not less than that of the defendant: Provided, That the defendant has no previous conviction except the above power, his depth and reflects the crime, and all other conditions of sentencing as shown in the trial process and records, such as the age, character and conduct of the defendant, and environment, shall be

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