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(영문) 광주지방법원 목포지원 2014.12.30 2014고단1894

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 18, 2014, at around 00:08, the Defendant driven a balp motor vehicle with a blood alcohol content of at least 0.147% under the influence of alcohol without a vehicle driver’s license in approximately 200 meters from the front of the lower-dong office located in the Yolamamamamamama to the front of the youth station located in the 128-1, Sinpo City.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, actual condition survey report, circumstantial report, circumstantial report, and the register of driver's licenses (A);

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of alternative imprisonment with prison labor (to take into account that there have been three times each time a suspended sentence of imprisonment with prison labor due to drinking or driving without a license from 2001 to 2007 and three times a fine);

1. Article 62 (1) of the Criminal Act (i.e., the fact that the person is under suspension of execution, the fact that the person sells the vehicle and again does not drive the vehicle without a license, and the fact that there is no record of criminal punishment after 2007, and the age, career, family relationship, etc. of the defendant);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;