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(영문) 부산지방법원 동부지원 2018.11.01 2018고단1434
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 26, 2018, the Defendant, without obtaining a driver’s license in light of around 21:59, driven a cub car at a section of about 1 km from the day before Ulsan-gun B, Ulsan-gun, U.S., to the front day of the light apartment of approximately 0.163% alcohol level from the blood alcohol level, and driving a cub car at a section of about 1 km to the front day of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating the driving of alcohol, making a statement on the circumstances of the driving driver, making an investigation report (report on the circumstances of the driving driver), reporting on the driving of alcohol, and applying the regulations governing the driving of automobiles to the ledger;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the order to attend a lecture is driving a drinking without a license, and the nature of the crime is bad, the defendant's main driving level is relatively high, and the defendant is punished by a fine of one million won on November 8, 200, and the defendant was issued a summary order of a fine of five hundred and five hundred and five hundred million won on April 8, 201, due to the crime of violating the Road Traffic Act (driving without a license) on November 8, 200.

However, it is favorable for the defendant to recognize the facts charged and reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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