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(영문) 광주지방법원 2018.11.22 2018고단4040
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 12, 2018, the Defendant: (a) was under the influence of alcohol of 0.206% in blood without obtaining a driver’s license for a motor vehicle; (b) was frighting in front of the community hall located in the Republic of Korea in the Nam-gun, Doam-gun; (c) was frighting in the front of the community hall located in the Nam-gun, Doam-gun, in the same military area from around 8km to the front of the gas station in the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver employed in the main place (No. 17 No. 17);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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. Selection and punishment of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into consideration the defendant's records of driving alcohol (the defendant has been punished four times after 2003 due to drinking alcohol driving, etc., and among them, he/she was sentenced to a suspended sentence in 2005) and other factors;

In addition, it shall be determined by the order in consideration of the degree of alcohol concentration in blood, distance between the driving force of drinking, the circumstances leading up to the driving without a license, the distance and place of driving without a license for drinking, the circumstances leading up to the crackdown, the defendant's age, sexual behavior, environment, circumstances after the crime, etc.

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