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(영문) 부산지방법원 서부지원 2018.04.11 2017고단1974
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 November 18, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a motor vehicle at approximately 50 meters in the section B Benz C200 meters from the road near Daegu-gu, Daegu-gu, Daegu-ro 238, under the influence of alcohol content of 0.086% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's 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. For the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, the crime of this case was driven while a person without a license, and the nature of the crime is not good, and the defendant committed the crime of this case in addition, despite the previous conviction of the same kind of fine, and the defendant recognized the crime of this case and divided his mistake in depth, the defendant already sold the motor vehicle of this case, and the defendant had no record of criminal punishment exceeding the fine due to the same kind of crime, taking into account the favorable circumstances, such as the fact that the defendant has already sold the motor vehicle of this case, and the defendant has no record of criminal punishment due to the same kind of crime, and the decision of the sentence

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