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(영문) 부산지방법원 동부지원 2015.08.12 2015고단433
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 16, 201, the Defendant was issued a summary order of a fine of three million won at the Busan District Court on the grounds of a violation of the Road Traffic Act (driving) at the Busan District Court, on June 14, 2011, a fine of six million won was issued on the grounds of a violation of the Road Traffic Act (driving) at the Busan District Court's Branch Branch, and on September 10, 201, the Defendant was sentenced to a summary order of six million won on the grounds of a violation of the Road Traffic Act (driving) at the Busan District Court's Branch, and on September 10, 2013, was sentenced to a suspended sentence of six months on the grounds of a violation of the Road Traffic Act

【Criminal Facts】

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act over three occasions, around January 31, 2015, at around 06:37, the Defendant driven a Ctoscar car without a driver’s license in the state of alcohol alcohol concentration of about 0.203% from the section of about 200 meters to the vicinity of the gas station located in the same Dong and Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: To refer to inquiries, such as criminal records, and to the application of a copy of judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

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