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(영문) 부산지방법원 2015.09.16 2015고단4338
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

On June 30, 2008, the Defendant was issued a fine of three million won by the Busan District Court for a violation of the Road Traffic Act (driving) and a fine of three million won by the same court on April 8, 2013, respectively.

Although the Defendant was punished twice or more for violating the Road Traffic Act, on May 2, 2015, at around 21:08, the Defendant, without a driver’s license, driven a vehicle with approximately two kilometers prior to the construction of a funeral comprehensive in front of the construction site located at the bottom of the Busan So-dong, Busan, under the influence of alcohol level of 0.109%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, driver's license inquiry, and circumstantial statement of the drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (attached to related summary orders)-related Acts and subordinate statutes;

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

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

1. Imprisonment with prison labor (the same criminal records have been six times since 2000 and the same criminal records have been sentenced to a suspended sentence due to drunk driving and non-licensed driving respectively in around 2005 and around 2008, taking into account the fact that the blood alcohol concentration at the time of driving the instant case is relatively high and the driving distance is not short);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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