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(영문) 부산지방법원 2013.08.27 2013고단3369
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 20, 2009, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court, and on June 1, 2012, to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch, respectively.

At around 04:00 on June 1, 2013, the Defendant driven C rocketing car with approximately 1km alcohol concentration of about 0.184% without a driver’s license from the front road of the Seowon market located in the Seocho-gu Busan Metropolitan City, to the front road in the same Gu and the front road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a written judgment and attachment of summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) on June 1, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act on the grounds of the crime of violation of the Road Traffic Act at the Busan District Court’s Branch Branch; (b) on June 9, 2012, the Defendant again committed the instant crime of the same kind, even though the said judgment became final and conclusive on June 9, 2012; (c) the Defendant had the records of having been punished five times for the same crime of the same kind; (d) the amount of drinking alcohol is significant; and (e) the motive, background, means and methods of the instant crime; (e) the Defendant’s age, character and conduct, career, and environment, etc.

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