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(영문) 광주지방법원 2018.10.11 2018고단2871

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 June 27, 2018, at around 23:00, the Defendant driven a vehicle without obtaining a driver's license in the state of alcohol 0.203% from approximately 2 km section to the road in front of the old stock market located in the Gwangju Mine-dong, Gwangju, without obtaining a driver's license in the state of alcohol 0.203%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, an order to attend a school shall be imposed by selecting imprisonment with prison labor at a time taking into account the defendant's records of punishment for drinking and non-licensed driving (three times in total due to drinking driving after 2002, one time due to non-licensed driving) and the reason for revocation of driver's license (one time in 2015)

In addition, it shall be determined as ordered in consideration of the alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, sex, environment, circumstances after the crime, etc.