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(영문) 광주지방법원 순천지원 2017.02.15 2016고단2370
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 12:56, driven a B-H motor vehicle at approximately 10km away from the front of the unclaimed apartment located in the ordinance of the relevant Si/ Do at the net 0.169% of alcohol level in lightyang-si to the front road of the bus terminal in lightyang-si, the lightyang-si at the 10k section to the front road of the bus terminal.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 148-2 (2) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the person who committed the instant crime again only nine months after having been punished for the same kind of crime for the sentencing of Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is relatively unfavorable; (c) the Defendant recognized the Defendant as a crime; and (d) the fact that the Defendant has no record of being sentenced to suspended sentence or more than a suspended sentence; and (c) other favorable circumstances such as

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