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(영문) 광주지방법원 순천지원 2017.02.15 2016고단2458
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 November 15, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B-learning motor vehicle from the front of the Soho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho

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; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The punishment as ordered shall be determined by taking into consideration the unfavorable circumstances, such as the observation of protection, order to attend a lecture, and the fact that there are several records of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the fact that alcohol concentration in blood is very high, or the favorable circumstances such as the fact that the defendant recognizes the crime and reflects the fact that the defendant has no record of being sentenced to suspended sentence or more, and other favorable conditions

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