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(영문) 부산지방법원 동부지원 2015.07.16 2015고단842
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2015, at around 05:30, the Defendant driven a B Sti vehicle under the influence of alcohol level of 0.201% without obtaining a driving license from the parking lot to the nearby road at approximately 120 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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 imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, motive and circumstances leading to the Defendant to commit each of the instant crimes, and various sentencing conditions as indicated in the records of this case, such as the circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended only once more than the Defendant’s imprisonment with prison labor for a long time, and it is deemed reasonable to order the Defendant to provide community service and to take a compliance driving course, and such sentence shall be determined as ordered.

Unfavorable circumstances: The defendant seems to have significantly increased the risk of traffic accidents due to the excessive influence of alcohol.

Although the defendant was subject to criminal punishment for the same crime, the possibility of criticism is very high without being able to commit each of the crimes of this case.

The favorable circumstances: the defendant recognized all of the crimes of this case.

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