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(영문) 부산지방법원 동부지원 2017.12.21 2017고단2022
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 5, 2011, the Defendant was issued a summary order of 2.5 million won by a fine at the Busan District Court for a violation of the Road Traffic Act (drinking driving), and on June 7, 2017, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court's Dong Branch Branch Branch, and the said judgment becomes final and conclusive on June 15, 2017, and is still under the suspended sentence.

On September 16, 2017, under the influence of alcohol content of 0.096% in blood without a motor device bicycle driver's license, the Defendant driven a 500-meter 2 SL125 City/Simbb in order to the intersection of the Maritime Culture Center located in the same Dong and Dong from the street point in the customary market located in the port of Busan Shipping Daegu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the circumstances of the driver of the vehicle, report on the situation of the driver of the vehicle and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case committed on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for the mitigation of small volume is driving under the influence of alcohol without a license. The crime of this case was committed on June 15, 201, where the nature of the crime is deemed bad and illegal, and the degree of taking the principal of the defendant is not easy, and the defendant was issued a summary order of 2.5 million won by the Busan District Court on October 5, 201 to a fine for a violation of the Road Traffic Act (driving), and on June 7, 2017, the defendant committed the crime of this case while he was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving), which became final and conclusive on June 15, 2017, and was under suspension of execution (from June 15, 2017 to June 14, 2019).

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