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(영문) 광주지방법원 2017.06.15 2017고단203
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2017, the Defendant driven a B K3 vehicle from around 50 meters from the front of the regular district located in the Seo-gu, Seo-gu, Gwangju to the front of Grand-dong, without obtaining a driver's license, in the state of alcohol concentration of 0.11% among blood transfusion around 00:25.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. In full view of all the factors indicated in the pleadings of the instant case, including the fact that there exists one time of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that there is no record of crime exceeding the fine, the fact that there is a reflective fact, the alcohol concentration in blood, driving distance, and other criminal defendant's age, sex, sex, environment, circumstances of the crime, and circumstances after the crime, the punishment as set forth in the text shall be determined.

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