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(영문) 광주지방법원 장흥지원 2018.10.18 2018고단140
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 11, 2018, the Defendant driven C rocketing car under the influence of alcohol content of at least 0.097% while under the influence of alcohol without obtaining a driver’s license from the front of the area of Busan, the Busan, the Dok-gun to the front of the happiness principle of the same Doung-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a driving, inquiry of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act and other factors of sentencing, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the proceedings and arguments, the sentence as ordered shall be determined.

favorable sentencing factors: The fact that the defendant recognized his mistake and reflects, that the alcohol concentration in blood is relatively high, and that the defendant was disabled because he could not receive timely treatment after his head at the time when he got his head (Grade 2). The unfavorable sentencing factors: driving of drinking alcohol, which has been punished 4 times by driving without a license, and driving of drinking, which has a high need for punishment because of the increase of the risk of a traffic accident of the general public.

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