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(영문) 광주지방법원 순천지원 2019.06.20 2019고단796
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 4, 2019, at around 18:20, the Defendant driven a B otob, without a motorcycle driver’s license, in the state of drunk alcohol concentration of about 15 km from the front of a cafeteria located in the city of the Southern-si, Seoul Special Metropolitan City to the parallel road located in the Pyeongnam-gu, Busan Special Metropolitan City to the Pyeongnam-si, Busan Special Metropolitan City, the Defendant driven a motor vehicle insurance without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act shall be imposed on the crimes of violation of the Road Traffic Act with heavier punishment, and the punishment of fines shall not be imposed concurrently);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Taking full account of various sentencing conditions shown in the records and arguments of this case, such as the records of this case and the records of this case, such as the defendant's criminal records of sentencing and Article 62-2 of the Social Service Order Act, the time interval with the driving force of the immediately preceding drinking, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the occurrence of the accident, the driving distance of the defendant, the kinds of means of transportation driven by the defendant

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