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(영문) 광주지방법원 해남지원 2017.11.09 2017고단339

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2017, the Defendant driven 20% alcohol level of 0.068% while under the influence of alcohol level of 0.068% without obtaining a driver’s license from approximately 500 meters from the front road of the Fisheries High School to the front road of the same Eup as the report of the head of the Eup-Myeon of 141, as it reported to the head of the Eup-Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the register of driver's licenses, report on the circumstances of drivers, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic 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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant repeated driving without license, even though he had the record of being punished four times or more due to driving without license.

Although the defendant should be punished strictly, considering the favorable circumstances that the defendant reflects his/her mistake, and that the amount of alcohol concentration in blood at the time of driving alcohol is not high, the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., as well as all the sentencing factors revealed in the trial of this case, such as the defendant's age, sex, environment, circumstances after the crime, etc., a suspended sentence shall be imposed only once.