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(영문) 부산지방법원 서부지원 2017.08.08 2017고단600
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On 16:25 on 03.28. 16:25 on 2017, the Defendant operated a Cub car in B with a section of about 50 meters of alcohol content 0.105% in the blood alcohol concentration in front of the road in the same Gu, in the vicinity of the green residents' center located in the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, to the front of the road in the same Gu, without the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, the choice of imprisonment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 40 and 50 of the Criminal Act include the following: (a) the Defendant was punished by a fine not exceeding three times due to drinking alcohol driving; (b) the Defendant also went to the instant crime during the suspension period of the execution due to driving without a license; and (c) the Defendant at the time of the instant case deemed to have been in a state of being unable to drive on the road, even though he was in a state of being able to drive on the road, by taking account of the following: (a) the Defendant appears to have been in a state of being out of the next place and used on the road

Considering the fact that the defendant seems to reflect, the punishment was determined in consideration of the defendant's age, sex, environment, motive and means of committing the crime, the circumstances after committing the crime, and other various sentencing conditions as shown in the arguments in this case.

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