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(영문) 부산지방법원 2017.11.28 2017고단5053
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 9, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court. On November 18, 2016, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the Dong Branch Branch of the Busan District Court. On August 8, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime, etc. at the Busan District Court.

On September 2, 2017, around 06:08, the Defendant driven B rocketing car under the influence of alcohol content of 0.115% without obtaining a driver’s license from the front side of the Nancheon apartment in Busan, Busan, to the global loan mileage road in the same Dong, and without obtaining a driver’s license.

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. Written inquiry about criminal history, etc.;

1. Application of statutes to written judgments or summary orders;

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. The defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc. are comprehensively considered, and the punishment is determined as indicated in the order, without being aware of himself/herself during the period of probation, even though he/she had been subject to criminal punishment three times due to the driving of alcohol without obtaining a license, and is not less than two months from the date of the last drinking driving, and not less than two months from the date of the last drinking driving without a license.

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