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(영문) 부산지방법원 2016.09.28 2016고단4848
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 29, 2016, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act at the Busan District Court on April 6, 201, and the decision became final and conclusive on April 6, 2016, and was sentenced to a summary order of 1 million won for a crime of violating the Road Traffic Act at the same court on August 11, 2001. On April 9, 2002, the Defendant was sentenced to a summary order of 2 million won for a crime of violating the Road Traffic Act. On July 18, 2003, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the same court on July 10, 201, and was sentenced to a summary order of 4 million won for a fine of 4 million won for a violation of the Road Traffic Act (drinking) at the same court on July 10, 2013.

Although the Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking), on July 17, 2016, the Defendant driven a freight truck with approximately 7 km c math from the discharge route of the father located in Busan-dong, Busan-gu, Busan-do, to the front day of the elbane fluor in Busan-dong, with approximately 0.156% alcohol level without obtaining a driver’s license on July 17, 2016.

As a result, the defendant had been punished for a crime of violating the Road Traffic Act more than twice, but he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

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. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 (the point of driving without Driver's License) of the Traffic Act concerning facts constituting an offense;

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