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(영문) 부산지방법원 동부지원 2017.11.10 2017고단1973
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 4, 2014, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court's branch on October 2, 2014, the summary order of a fine of four million won for a crime of violating the Road Traffic Act (driving) in the branch court of the Busan District Court's Dong, and on June 1, 2016, the Busan District Court's branch court issued a summary order of a fine of seven million won for a crime of violating the Road Traffic Act (driving without a license).

On September 17, 2017, the Defendant, while under the influence of alcohol level of 0.119% from blood alcohol level around 21:35, driven a DNA motor vehicle without obtaining a driver's license from the road located in the Dong-dong in Busan Metropolitan City to the front road of the Seongdong-dong, Busan Metropolitan City.

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 conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is an unfavorable circumstance where a person drives 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 principal taking of the defendant is not weak, and the defendant has a criminal record of the same kind.

However, it seems that the fact that the defendant recognizes the facts charged and seriously reflects the fact, the health condition due to the cross-borderization seems to have somewhat affected the result of the influence of drinking, and the fact that the defendant is the most favorable for the defendant to rear his spouse and two children.

The age, age, and age of the defendant.

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