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(영문) 광주지방법원 2016.11.24 2016고단3657

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On July 27, 2016, at around 01:10, the Defendant driven B oper’s car under the influence of alcohol content of 0.172% without obtaining a driver’s license in approximately 200 meters from the 114-gilh, 42-ro of war of the same Eup to the 114-lane of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger 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 is high in blood alcohol concentration, and the punishment of a fine has been imposed three times (one time, 2013, and two times, 2016) due to non-exclusive driving: Provided, That the fact that there exists no record of punishment for non-exclusive driving, and that there is no record of punishment for non-exclusive driving, the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).