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(영문) 광주지방법원 순천지원 2018.09.28 2018고단858

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 24, 2018, at around 21:10, the Defendant driven a B-typ vehicle with the alcohol concentration of about 0.151% while under the influence of alcohol in the middle of blood without obtaining a driver's license from the Do in front of the rental village to the front of the same 3km village.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment to prevent recidivism shall be determined by taking into consideration the following circumstances: (a) favorable circumstances, such as the defendant’s wrongness against the reason for sentencing under Article 62-2(1) and (2) of the Criminal Act; (b) the defendant’s previous offense, age, family environment; (c) the interval between his/her previous offense and his/her previous offense; (d) the time frame of the offense in this case; (e) the degree of alcohol alcohol in the defendant’s blood alcohol level at the time of the offense; (e) the distance of drinking and unlicensed driving; and (e) the circumstances after the offense, etc.