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(영문) 광주지방법원 2015.04.08 2015고단220

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 December 28, 2014, at around 22:20, the Defendant driven a “B” motor vehicle in front of a restaurant with a blood alcohol level of 0.119% under the influence of alcohol level without obtaining a driver’s license on December 28, 2014, on the front of the restaurant where the name of the Nam-gu Seoul metropolitan area is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of the statutes on the register of driver's licenses;

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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order, including the following favorable circumstances: (a) the Defendant had been subject to three times criminal punishment due to drunk driving or unlicensed driving prior to the instant case; (b) the Defendant has a high degree of blood alcohol alcohol level; and (c) the Defendant’s mistake is divided into one’s own and is not subject to drunk driving or non-licensed driving; and (c) the Defendant’s age, character and behavior, environment, details of the crime, and circumstances after the crime, etc. are considered as the order.