(영문) 광주지방법원 2017.10.26 2017고단3790

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(영문) 광주지방법원 2017.10.26 2017고단3790

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment 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

1. Around August 11, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle of KRW 21 ton, without obtaining a driver’s license, from the front side of the Yellow Village located in the Yellow-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Seoul, to the 8km parking lot located in the legal nature of Young-gun.

2. On August 5, 2017, the Defendant was driving the said cargo lane under the influence of alcohol content of 0.124% without obtaining a driver’s license for a vehicle in approximately five meters at the agricultural agricultural parking lot located in the legal nature of the Nam-gun, the Nam-gun, the Nam-gun, the legal nature of the law of the law of the law of the law of the law of the law of the law of the law of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs of traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act and the order to attend a community service and the order to attend a lecture, if it is possible to have a drinking and an unlicensed driving force, the criminal liability is not less than that of this case, but the driving distance of drinking is not less than 5 meters, and all of the sentencing conditions in the pleadings of this case, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors:

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