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(영문) 광주지방법원 2016.11.10 2016고단3579
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On July 30, 2016, at around 22:32, the Defendant driven a motor vehicle without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 5km from the 5km section to the 2nd apartment road located in the new town in the Gwangju Mine-dong, the Defendant driven the B observer-dong without obtaining a driver's license in the state of alcohol level of about 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant, who had the reason for sentencing the alternative sentence of imprisonment, was punished once as drinking driving, once again, and five times as a driving without a license, and re-offending only once the period of suspension of execution due to a driving without a license expires, so it is inevitable to sentence the defendant as a sentence.

The sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as driving distance, blood alcohol concentration, age, character and conduct, environment, health conditions, circumstances after the crime, etc.

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