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(영문) 광주지방법원 순천지원 2015.08.19 2015고단778

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 April 21, 2015, the Defendant, without obtaining a driver’s license at around 22:20 on April 21, 2015, driven a B low-speed car in the section of about 2km from the front day of the influent Subdivision to the influence of the same Eup/Myeon, in the state of drinking alcohol concentration of 0.22%.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the report on the circumstances of driving under the influence of alcohol, the report on the circumstantial statement of the driver under the influence of alcohol, the report on detection of the driver under the influence of alcohol;

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

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The fact that there is a high level of normal blood alcohol concentration unfavorable to the fact that probation, community service, and lecture attendance order reflects normal mistakes favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, and there are three previous crimes of the same kind of crime of the violation of the Road Traffic Act, and there are three previous crimes of the same kind of crime of the violation of the Road Traffic Act (non-licensed driving). Of these crimes, there are two previous crimes of the same kind of crime of the violation of the Road Traffic Act (non-licensed driving), and there are two previous crimes of the suspension of execution following the crime of the violation of the Road Traffic