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(영문) 광주지방법원 2013.04.23 2013고단814
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On 20:45 on 25, 2013, the Defendant driven a B-wing truck with a blood alcohol content of at least 0.170% under the influence of alcohol without obtaining a driver’s license, from the front side of the Kamamamamamamamy restaurant located in the Hanyang-gun Co., Ltd. Co., Ltd., the Republic of Korea, to the front side of the same Eupamy station.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial statement statement report and the laws and subordinate statutes on the register of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 Probation Criminal Act, even though the Defendant had been sentenced to a fine three times due to drinking and unlicensed driving, and again commits the instant crime, there is a need to strictly punish the Defendant. However, the Defendant is against the recognition of all the crimes, and the Defendant sells a vehicle again while selling a vehicle, etc., shall be sentenced to probation only once on condition of probation, taking into account various factors of sentencing, such as the fact that the Defendant is going against the recognition of all the crimes.

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