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(영문) 부산지방법원 동부지원 2016.07.06 2016고단600
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2009, the Defendant issued a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act at the Busan District Court on November 11, 2015, a summary order of 3 million won of a fine at the Busan District Court on November 11, 2015, and on March 14, 2016, a summary order of 5 million won of a fine for the same crime at the Busan District Court's Dong Branch.

On April 9, 2016, the Defendant driven a B D freight vehicle without a driver's license within approximately 200 meters from the front side of the marina society located in the Busan Dong-dong to the prosperity road located in the Southern-dong-dong-dong-gu, Busan, for about 00 meters from around 00 meters from around 0.062% of alcohol level among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes after inquiry about criminal history, and reporting of the previous convictions of each disposition;

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 on the ground of sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service (or an order to attend a school concurrently in preparation for the restoration of a driver's license in the future) is an unfavorable circumstance such as the driving of a motor vehicle under the influence of a driver's license, the nature of the crime is bad, and the defendant

However, there are favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, and the fact that the state of the defendant's taking is not very serious.

In addition, the defendant's age, sex, environment, means and results of crimes, and various sentencing conditions in the trial process of this case, such as the circumstances after the crime.

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