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(영문) 부산지방법원 2018.06.19 2018고단1627

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2018, the Defendant driven a B-car under the influence of alcohol content of 0.249% without obtaining a driver’s license from the intersection in the Busan Jin-dong, Busan, to the front road of the criminal electric bridge located in the same side of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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 (2) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The sentence shall be determined as per the order, comprehensively taking into account the following factors: one time of the same criminal records, the blood alcohol concentration is very favorable: the fact that it is against the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, the defendant's age, sex, behavior, environment, motive, means, results of the crime, and the circumstances after the crime