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(영문) 광주지방법원 2016.03.10 2016고단59

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On January 4, 2016, at around 23:35, the Defendant driven B K5 cars under the influence of alcohol content of 0.115% without obtaining a driver’s license from the area of approximately 1km in the same Dong from the front of the cancer market located in Gwangju Northern-dong to the front intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and application of 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there exists a history of punishment several times due to the observation of protection, the community service order and the order to attend a lecture for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the blood alcohol level is high, and the fact that there is no record of punishment exceeding the fine due to driving without a license for drinking alcohol, and the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions specified in the arguments of this case shall be determined as the sentence as ordered.