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(영문) 부산지방법원 동부지원 2018.01.25 2017고단2579
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 November 12, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on November 9, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on November 9, 201, and on January 10, 201, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on January 10, 201.

Nevertheless, around May 9, 2017, the Defendant driven B rocketing car with alcohol content of about 0.137% under the influence of alcohol without obtaining a driver’s license from the front line of the articles of incorporation of the Eup/Myeon in Busan Metropolitan City, to the front line of the 50 meters away from the front line of the same Eup/Myeon in the articles of incorporation to the front line of the pots.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, the report on the situation of the driver under the influence of alcohol, the investigation report (report on the situation of the driver under the influence of alcohol), the ledger of driver's licenses, the report on detection of the driver under the influence of alcohol, the ledger of measuring instruments using the drinking

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime record), and application of each of the statutes governing the judgment;

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 with the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is an unfavorable condition, such as the driving of drinking without a license, the crime is not bad, the defendant has three criminal records for the same kind of crime, and the defendant's driving level is not minor.

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

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