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(영문) 부산지방법원 2015.04.10 2015고단252
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a driver of the B-learning car.

On December 28, 2014, the Defendant, without obtaining a driver’s license on December 28, 2014, driven a 300-meter distance from the Nongsan-dong 8 Doksan-gu, Busan, to the 101-dong Dok-dong 101, under the influence of alcohol content 0.301%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the state of drinking driving, and report on the results of the crackdown on drinking driving;

1. License register;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Relevant laws applicable to the facts constituting a crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment with prison labor (in consideration of the risk, etc. that the blood alcohol concentration is very high and that an accident may have occurred in the state of exploitation);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a favorable circumstance, such as the reflection of the accused, the fact that the accused was punished for the same kind of crime, shall be considered as one time by a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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