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(영문) 부산지방법원 2017.05.23 2016고단7814

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 23, 2016, the Defendant was notified of a summary order of a fine of 1.5 million won at the Busan District Court for a crime of violating the Road Traffic Act (dacting driving). On November 11, 2016, the Defendant was charged with summary charges due to a violation of the Road Traffic Act (dacting driving) with the Busan District Court’s branch branch.

[Criminal facts] On November 15, 2016, the Defendant was under the influence of 0.054% alcohol concentration in blood with the suspension of a vehicle driver’s license around 23:19 on November 15, 2016, and driven BSP car over about 20 meters from the front day of Samsung F&L in Busan Southern-dong to the front day of Southern PY-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although the reason for sentencing under Article 62(1)(b) of the Act on the Suspension of Execution was two times more favorable for sentencing, the career of driving alcohol and the record of criminal punishment for driving one-time without a license, the liability for each of the crimes of this case is not provided against the law. However, there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, background leading to the crime, circumstances after the crime, etc. are considered as a whole, and the punishment is determined as ordered.