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(영문) 광주지방법원 순천지원 2018.12.20 2018고단2141

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 8, 2018, the Defendant, from around 13:30 on October 13, 2018 to around 14:35 of the same day, driven a freight vehicle B, without obtaining a driver’s license, at approximately 72 km from the front 708-dong of the 188-dong, Janam-do, the purchase volume of which is 188, Janam-do, Manam-do, 259, to the front road of Macheon-do, Macheon-do.

2. On October 14:35, 2018, the Defendant driven the leveh truck under the influence of alcohol content of approximately 0.076% from the 5km section of the blood, to the Macheon Village 259, in order to make it difficult to find out the trade name in the rith of the purchase of the Bosung-gun of Bosung-do, Nannam-do. The Defendant driven the leveh truck under the influence of alcohol content of about 0.076% from the 5km section of the blood, to the Macheon-do, Macheon-gun, Macheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Traffic Act concerning facts constituting an offense;

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. Selection and punishment of imprisonment at once, taking into account the defendant's records of punishment for driving without a license for drinking, distance between punishment records, etc. for sentencing of Article 62-2 of the Criminal Act, and the punishment shall be imposed as ordered by taking into account the fact that the defendant's records of punishment exceeding the fine, alcohol density during blood, circumstances leading up to driving without a license for drinking, the distance and place of driving without a license for drinking, the defendant's age, sex behavior, environment, circumstances after crimes, etc.