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(영문) 광주지방법원 2017.06.29 2017고단1757

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant driven C vehicle under the influence of alcohol of 0.180% in blood concentration, without obtaining a driver’s license, from the front of the mutual influent main office in the Ilgdong of Gwangju, to the innovation apartment in front of the innovation apartment in the 375-ro of the same Gu, the Defendant driven C vehicle under the influence of alcohol of 0.180% in blood concentration from the 1km section to the road of the innovation apartment in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Inquiry letter of driver's license and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to a self-declaration report of the head of the State and a statement of the head of the State;

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on December 13, 2016, despite the fact that a person was punished by a fine due to drinking driving on the same day on December 13, 2016, in light of the fact that the drinking and driving without a license was committed within a short time, and that the amount of alcohol concentration in the blood is very high, the liability for the crime is not easy, but considering favorable circumstances, such as the fact that there was no criminal history exceeding the fine, reflects the fact that there is no record of the crime, and the fact that the person is against the punishment, and taking into account all the sentencing conditions shown in the argument of the instant case, such as the Defendant’s age, sexual behavior