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(영문) 광주지방법원 해남지원 2016.07.07 2016고단20
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 29, 2015, around 15:35, the Defendant driven B vehicles with alcohol content of 0.061% while under the influence of alcohol without a motor vehicle driver’s license at approximately 1 km section from the day before the B Trading Center, which is located in the nautical miles of the Nam-gun, Namnam-gun, Namnam-do, Seoul, to the front day of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, report on the situation of a driver driving, inquiry into the results of regulating the driving of drinking, report on the circumstances of a driver driving, and the details of such regulations;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution: The defendant committed the instant crime even though he/she had been punished for driving alcohol or driving without a license on several occasions, etc., which reflects his/her favorable circumstances: The fact that alcohol concentration in blood is relatively high;

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