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(영문) 광주지방법원 순천지원 2016.05.03 2015고단2626
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 December 13, 2015, at around 12:55, the Defendant driven a C-string vehicle with the alcohol concentration of 0.259% while under the influence of alcohol without obtaining a driver’s license from around 500 meters in the section from the road of the cafeteria 102-dong apartment to the front road of the 102-dong apartment complex in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries about the results of drinking control;

1. The driver's license ledger;

1. Application of each traffic accident scene evidence and photographs statutes;

1. Article 148-2 (2) 1, 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. 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s records of driving alcohol and drinking alcohol, the fact that the Defendant has no criminal record of imprisonment without prison labor or heavier punishment, and other age, environment, etc., and the sentence was determined as ordered.

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