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(영문) 광주지방법원 2017.10.12 2017고단3130
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 11, 2017, at around 22:45, the Defendant, without a driver’s license, driven a vehicle with approximately KRW 500 meters away from the section of 500 meters to the front road of scarbling 154, in the state of alcohol concentration of 0.18% in blood while driving a vehicle with approximately 0.18% in the middle-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. The application of Acts and subordinate statutes to a reply to a request for appraisal and an appraisal of alcohol concentration in the blood;

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. In light of the fact that protection observation, community service order and education order under Article 62-2 of the Criminal Act have three times the reasons for sentencing, drinking without license, and driving skills without license, the criminal liability is not minor, but the fact that the crime is against the crime, the fact that the punishment for the last drinking and driving without license has passed ten years since around 2007 is considered as favorable circumstances, and the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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