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Reasons
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(영문) 부산지방법원 동부지원 2016.10.12 2016고단1441
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to imprisonment for three years and six months with labor for violating the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) at the Busan District Court, and completed the execution of the sentence. On August 17, 2016, the Defendant was under the influence of 0.085% of alcohol concentration without mandatory insurance without obtaining a license for driving, and driving a 100-meter CW car from the front day of the yellow fishing ground in Suwon-gu, Busan District Court to the front day of the movable house located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of a driver, the register of driver's licenses, and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and case search;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the pertinent crime was driven by a motor vehicle without a license or without an insurance, and the nature of the crime is bad, the defendant can have the previous course of study, and the defendant repeats the crime during the period of repeated crime.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - Multiple Offenses: Not set the sentencing criteria

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