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(영문) 광주지방법원 2016.02.04 2015고단4804
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 November 12, 2015, at around 01:53, the Defendant driven B Coin cargo at approximately 200 meters away from the construction site of luminous apartment located in Gwangju North-dong to the front-dong located in Gwangjubuk-gu, while under the influence of alcohol by 0.070% during blood without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the defendant's records of punishment for drinking alcohol driving (4 times from 204 to 2007, 3 times by drinking driving without a license), driving distance, alcohol concentration in blood, and other sentencing conditions shown in the arguments in the instant case, including the defendant's age, sex, behavior, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as set forth in the order.

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