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(영문) 광주지방법원 2019.01.17 2018고단4505
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2018, while under the influence of alcohol 00:16% without a driver's license, the Defendant driven a 4 km D K7 car from a neighboring Do located in Gwangju Mine-gu, to the second cycle road located in Gwangju Seo-gu, Gwangju Metropolitan City, from a Do located in Gwangju Mine-gu, with a 0.16% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

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

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc., and consideration of the criminal records of the defendant, blood alcohol concentration, driving distance, etc.

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