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(영문) 부산지방법원 동부지원 2017.09.06 2017고단1424
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 May 20, 201, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court on May 20, 201, and on August 10, 201, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch branch branch.

Around 03:55 on April 23, 2017, the Defendant, as seen above, driven a B lucian car under the influence of alcohol content of about 0.05% without obtaining a driver’s license from the front of the officetel to the third-distance road located in the Busan Hac-dong, Busan Hack-dong, a person who violated Article 44(1) of the Road Traffic Act more than twice, and driving a B lucian car under the influence of alcohol content of about 100 meters from the front of the officetel to the third-distance road in the Busan Hac-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, investigation report, and driver's license register of the driver who is placed in the main place;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of the history of punishment for drunk driving and confirmation of the fact that the period of suspension of execution is in progress on at least two occasions);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a situation unfavorable to the defendant, such as the driving of a motor vehicle under the influence of a license, the nature of the crime is not good, and the criminal records of the defendant can be

However, the fact that the defendant recognizes the facts charged that is seriously against the defendant, the fact that the state of the defendant's taking is not much serious, and the driving distance is not long, and the defendant supports five families including two children and the old parents.

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