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(영문) 부산지방법원 동부지원 2018.01.17 2017고단2296
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 September 26, 2017, the Defendant: (a) without obtaining a driver’s license under the influence of alcohol level of 0.217% from the blood alcohol level; (b) drive a Bac-c-c-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the principal driver's statement report and the driver's license ledger;

1. Article 148-2 (2) 1 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. 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 with the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is an unfavorable circumstance such as driving a motor vehicle under the influence of a driver without a license and the nature of the crime is not good, the degree of the master reading of the defendant is not weak, and the defendant has the same criminal record.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that there is no record of criminal punishment except for the defendant's recommendations.

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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