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(영문) 광주지방법원 2014.12.23 2014고단4048
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 October 3, 2014, the Defendant, without obtaining a driver’s license at around 21:50 on October 3, 2014, driven 1.5 km car from the main path in front of “cocon music hall,” located in 0.182% in Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul to the front day of “Coin music hall,” located in 829-2, Young-gu, Young-gu, Young-gu, Young-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

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. In light of the reasoning for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., and Article 62-2 of the Act on Probation, etc., the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished four times from 2001 to 2013, and the degree of the Defendant’s taking of alcohol in relation to the instant drinking driving is considerably high to 0.182%, etc., the Defendant may be subject to strict punishment.

However, on the other hand, the defendant's mistake is divided and reflected, and the above D's franchise will not repeat the same crime, such as disposing of it to another person, and there is no additional danger, such as traffic accident during the driving of this case, and the defendant supports the mother who is being treated as chronic hepatitis and chronic cancer even though it is not good for health due to diseases such as chronic B-type infection, etc. In addition, the arguments of this case such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

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