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(영문) 광주지방법원 2017.03.30 2016고단2026
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 25, 2016, the Defendant: (a) around 23:25, around 2016, driven a car in the state of alcohol of about 0.201% of alcohol concentration in blood without obtaining a driver’s license from the front of a mutually influent restaurant located in the flow distance of water in Gwangju-gu, Gwangju-gu to the front of the fluoral charge charge, located in the Dong-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Notification of the results of regulating drinking driving;

1. Application of the statutes of the response request for appraisal;

1. Article 148-2 (2) 1 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In full view of the following: (a) the fact that there was a record of being punished once due to driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the fact that blood alcohol content is higher is disadvantageous to the Defendant; (c) the Defendant was detained for about two months, and the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., all of the sentencing conditions specified in the arguments in the instant case, including the Defendant’s age, sex, criminal conduct, circumstances after the crime, etc.,

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