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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1640

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 July 21, 2018, at around 13:39, the Defendant driven a bicycle with a motor device under the influence of alcohol level of 0.197% while under the influence of alcohol level of 0.197%, without obtaining a motor device bicycle driver's license from the first Do near the Sowing apartment of Sinsan-do So-ri, So-gu, Sinsan-do at around 3K-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Act on the Protection, etc. of and Order to Attend has two times a criminal record of drinking and non-licenseed driving, the sentence to prevent recidivism shall be determined by taking into account all the circumstances of sentencing, including the following: (a) the Defendant’s blood alcohol concentration at the time of committing the crime; (b) the Defendant’s disuse of the bicycle, the Defendant’s use of the motor device as indicated in the judgment; (c) favorable circumstances, such as the Defendant’s age, health conditions; (d) the family environment; (e) the period of the crime in this case;