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(영문) 광주지방법원 목포지원 2016.04.08 2016고단20

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 December 11, 2015, the Defendant driven a B-wing freight vehicle with alcohol content of 0.075% while under the influence of alcohol without obtaining a driver’s license in approximately 1 km section from the place of influence (hereinafter referred to as the “influence”) in the parallel of Ham-gun, Chungcheongnam-gun, Chungcheongnam-gun, Ham-gun, Pyeong-gun, Hampo-gun, Masan-ri, Masan-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the notification of the results of regulating drinking driving;

1. Article 148-2 (2) 3, Article 44 (1), 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 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 Code of the Order to Attend a lecture is that the defendant has already been punished several times for the same kind of crime, and there is considerable possibility of criticism in that he/she again committed the crime of this case, and there is a great need to prevent the defendant from repeating the same crime.

may be filed.

However, it appears that the defendant recognized all of the crimes of this case, and the fact that all of the crimes of this case were punished before February 17, 2004, etc. are favorable to the defendant. In addition, the defendant's age, sex, family relation, environment, circumstances and result of the crime, etc. are considered as follows. It is so decided as per Disposition by taking into account various circumstances mentioned in the arguments of this case, such as the defendant's age, sex, family relation, environment, circumstances after the crime,