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(영문) 광주지방법원 순천지원 2018.04.20 2018고단122
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 14, 2017, the Defendant, without obtaining a driver's license for a motor vehicle at around 21:30, driven a Cloper motor vehicle at about 500 meters from the front of a restaurant in front of a luminous-dong without the trade name in the luminous-dong at a 0.067% alcohol level, to the front of the luminous golf-practice site located in the same Dong.

As a result, the Defendant driven a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. The sentence is to be determined as ordered by comprehensively taking into account the following circumstances: (a) there are many criminal convictions having the same type of reason for sentencing selective punishment; (b) the recidivism during the suspension period; (c) the blood alcohol concentration is not high; (d) the driving distance is short; (e) the Defendant’s age, sex, criminal conduct, family relationship, environment; (e) the background and result of the crime; and (e) the circumstances after the crime, etc., as indicated in the arguments in the instant case.

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