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(영문) 광주지방법원 목포지원 2017.01.26 2016고단1470
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 September 2, 2016, around 21:35, the Defendant driven B cargo vehicle while under the influence of alcohol of about 0.093% while under the influence of alcohol while under the influence of alcohol of about 0.093%, without obtaining a driver’s license, from the front side of the 88 gymna City, which is located in the 17-6 Do of the 17-6 Do, to the front side of the 88 galmnae-si in the direction of the 88 galmnae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, inquiry of the results of crackdown on drinking, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking alcohol), subparagraph 1 of Article 152 and Article 43 of the Traffic Act applicable to the facts constituting an offense;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, the choice of punishment by imprisonment;

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

1. The punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the observation of protection, community service, and lecture attendance order, that the accused has any record of being punished for one-time drinking driving, four-time driving without a license, and that there is no previous conviction exceeding a fine, and that there is any wrong penation;

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