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(영문) 부산지방법원 동부지원 2017.04.13 2017고단138
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2017, the Defendant, without a driver's license, driven a BM5 vehicle with alcohol content of 0.088% in the blood without a driver's license, from the road in front of the market in the captain of the Busan-gun, to the front of the Busan-gun Police Station in front of the police station in the captain of the Busan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol, circumstantial reports, the circumstances of driving of drinking alcohol, and the application of Acts and subordinate statutes reporting the situation of driving without licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic 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 suspended execution;

1. Three times due to the operation of a license without the reason of sentencing under Article 62-2 of the Criminal Act for the order to provide community service and attend lectures, and one time due to drinking driving, taking into account the defendant's age, sex, environment, etc., and other various sentencing conditions as shown in the argument of this case

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