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(영문) 부산지방법원 동부지원 2016.02.04 2015고단2496
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 25, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on November 9, 2009, issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court, and on September 26, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Busan District Court.

On November 26, 2015, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice as above, and driven a balp motor vehicle with alcohol concentration of at least 0.089% under the influence of alcohol during blood while under the influence of alcohol, without obtaining a driver’s license from the front of the square of a luminous bathing beach located in the Sindong-dong of Busan Metropolitan City to the front of the road in the same 2km-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home, and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the following circumstances in the sentencing of Articles 53 and 55(1)3 of the Criminal Act (the grounds for sentencing as set forth below), and other factors, including the Defendant’s age, sex, environment, circumstances leading to each of the instant crimes, the circumstances leading to the Defendant’s occurrence of each of the instant crimes, and the circumstances before and after the instant crime, even if considering that the circumstances favorable to the Defendant are considered, the sentence of sentence is deemed inevitable, and the sentence is determined as ordered.

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