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(영문) 광주지방법원 순천지원 2018.03.22 2017고단2456
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 November 5, 2017, the Defendant, without a driver’s license of a motor vehicle around 22:00, driven Bunst motor vehicle under the influence of alcohol content of approximately 0.164% from the 2km section from the front of the Hacheon-si in the Hacheon-si to the National Round of the Republic of Korea in the same direction.

Accordingly, the defendant driving an automobile without a driver's license and driving an automobile while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, comprehensively taking into account the following factors: (a) the nature of the instant crime; (b) the criminal records of the Defendant (such as the same type of crime); (c) the degree of alcohol concentration among the blood of the Defendant at the time of driving of the instant case; (d) the driving distance of the Defendant at the time of driving of the instant case; and (e)

It is so decided as per Disposition for the above reasons.

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