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(영문) 부산지방법원 동부지원 2018.06.08 2018고단511
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 August 24, 2006, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court on August 24, 2006, a summary order of 3 million won for the same crime at the same court on June 19, 2013, and a person who was sentenced to a fine of 4 million won at the same court on March 23, 2017 for the same crime and was sentenced to a fine of 4 million won at the same court on two or more occasions due to drinking.

On March 17, 2018, at around 02:15, the Defendant driven a motor vehicle car at C Sspoon without a driver’s license in the state of under the influence of alcohol content of about 0.117% in a section of approximately 500 meters from the road near the “SBYYYYYYYYYYYYYYYY” located in Busan, Busan, China, and China, to the front day of the VVVGGG LGR.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as a statement on the circumstances of drivers working at the main place, investigation reports (report on the circumstances of drivers working at the main place), driver's license registers, criminal records, etc., and investigation reports (report on the confirmation of the same kind

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 on the suspended execution;

1. The punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the defendant's criminal records, blood alcohol concentration numbers, the defendant's age, environment, sexual conduct, the circumstances and result of the crime in this case, and the circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act;

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