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(영문) 부산지방법원 동부지원 2015.05.14 2015고단367
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 12, 201, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch of the Busan District Court on August 12, 201, and on December 14, 2012, in the Busan District Court's Dong Branch of the Busan District Court, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) and the same criminal records are four times.

On February 15, 2015, at around 22:52, the Defendant driven a Bone Star under the influence of alcohol concentration of about 0.362% without obtaining a driver's license at a distance of about 400 meters from before the city art gallery located in Busan High-gu, Busan High-dong to the front road of the Dong 2-dong community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Taking into account the following circumstances as the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, and other factors, such as the Defendant’s age, character and conduct, environment, background leading to the Defendant to the instant crime, circumstance leading to the Defendant’s occurrence of the instant crime, and circumstances before and after the instant crime, even if considering the favorable circumstances of the Defendant, the sentence of sentence is deemed inevitable, and the sentence is determined as above.

The favorable circumstances: The defendant recognizes all of the crimes of this case, and the defendant has three children to be supported by the defendant.

The distance of the defendant's vehicle is relatively short.

The current Road Traffic Act threatens the safety of road traffic.

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