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(영문) 부산지방법원 2017.02.08 2016고단7713
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 31, 2001, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving), etc. at the Busan District Court's Dong Branch, and on January 7, 2004, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on February 23, 2009, and issued a summary order of 3 million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's branch on February 23, 2009, and on November 14, 201, the Defendant was sentenced to a summary order of 6 million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch.

On November 18, 2016, the Defendant driven a B car at a distance of about 100 meters from the Busan Bank located in Suwon-dong to the ridged road located in the same Dong, under the influence of alcohol content of 0.177% in blood without obtaining a driver's license for a motor vehicle on November 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. Article 62 (1) of the Criminal Act suspended execution ( normal consideration, such as the fact that the crime is recognized and the error is divided in depth);

1. Order to observe protection, observe social service, or attend social service courses under Article 62-2 of the Criminal Act;

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