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(영문) 부산지방법원 동부지원 2016.05.18 2016고단392
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2016, around 22:15, the Defendant driven a motor vehicle BN city without a driver’s license in the state of alcohol alcohol concentration of approximately 0.140% from among the doors located in the same side of “natural mountain frequency house,” located in the same side to the intersection of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Written response to the results of appraisal, and a report on the detection of the driver involved;

1. Application of Acts and subordinate statutes to the driving license 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 (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 the order to attend a school concurrently in preparation for the restoration of driver's license in the future) 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 are

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

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

[Sentencing Criteria] - Multiple Offenses: No sentencing criteria are set.

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