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(영문) 부산지방법원 동부지원 2016.04.15 2016고단239
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2004, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court on November 26, 201; a fine of KRW 7 million for the same crime at the same court on November 26, 201; a fine of KRW 2 million for the same crime in the Busan District Court’s Dong Branch Branch on June 22, 201; a fine of KRW 4 million for the same crime in the same court on September 10, 2012; a fine of KRW 9 million for the same crime in the same court on June 13, 2013; and a fine of KRW 6 million for the same crime at the same court on October 2, 2015, respectively.

On February 18, 2016, at around 22:00, the Defendant driven C Poter Cargo Vehicles under the influence of alcohol content of about 0.126% while under the influence of alcohol without the driver’s license from about 1km section from the line near the Home Packer, located in the same Eup/Myeon, located in the Eup/Myeon-gun’s articles of incorporation, located in the Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of driving without a license, the ledger of driver's licenses, and report on the circumstances of the driver's license;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, and reporting the results of confirmation of criminal history and previous convictions (a summary order accompanied);

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing of Article 62-2 of the Criminal Act (in preparation for cases where a driver's license is restored in the future, an order to take a compliance driving instruction together) is under the influence of a driver's license. The crime of this case is under the influence of a driver's license, which is disadvantageous to the nature of the crime, and the criminal defendant's criminal records

However, it is difficult for the defendant to recognize the facts charged.

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