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(영문) 광주지방법원 2014.08.20 2014고단2265

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 June 19, 2014, at around 23:22, the Defendant driven a B Eccoo vehicle with approximately 100 meters alcohol concentration 0.127% under the influence of alcohol without obtaining a driver’s license from the section of approximately 100 meters from the south-gu Seoul Metropolitan City to the national hall in front of the national hall in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and a written statement of control details;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Aggravation positive factors to determine the sentence like the ordering considering the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other various circumstances, such as the Defendant’s age, character and behavior, career and environment, etc., which are shown in the pleadings of the instant case: The negative factors that are contrary to the order: The amount of four times of fine due to the same kind of criminal power, and the amount of drinking alcohol: The amount of drinking alcohol;