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(영문) 부산지방법원 2014.07.18 2014고단1159
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 4, 2007, the Defendant was sentenced to a summary order of a fine of 700,000 won for the crime of violating the Road Traffic Act in the Busan District Court's Dong Branch, and on April 14, 2009, sentenced to a summary order of a fine of 3 million won for the crime of violating the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Dong Branch, and on September 1, 2010, sentenced to a summary order of 5 million won for the crime of violating the Road Traffic Act (driving without a license) and on June 12, 2013, the Defendant was sentenced to a summary order of a fine of 5 million won for the crime of violating the Road Traffic Act (driving without a license) at the Busan District Court's Busan District Court's Dong Branch, and on June 20, 2013, the judgment becomes final and conclusive on June 20, 2013.

On January 25, 2014, at around 03:57, the Defendant driven a C Sti-type car under the influence of alcohol of about 0.146% without obtaining a driver’s license from around 3 km to the international white apartment located in the Gu of Busan City in the Gu of Busan to the front road of the international white apartment in the Gu of Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the driver's license register;

1. Application of Acts and subordinate statutes to criminal records;

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. Selection of imprisonment with prison labor in consideration of the fact that the crime is committed during the suspension period for the same kind of crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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