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(영문) 광주지방법원 2016.11.03 2016고단3911
도로교통법위반(무면허운전)등
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1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 19, 2016, at around 21:46, the Defendant driven B rocketing car with a blood alcohol content of at least 0.174% under the influence of alcohol without obtaining a driver’s license from around 200 meters from the front of a restaurant for Madmbane, which is located 867-gil, as the regular director of the Seo-gu, Seo-gu, Gwangju, to the front day of the day of the cafeteria, the city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has the record of being punished by a fine for one time due to drinking driving, etc. in 2015 and by a fine for one time due to unauthorized driving.

Blood alcohol concentration is high.

Provided, That there is no criminal offense heavier than a fine.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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