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(영문) 광주지방법원 2017.08.24 2017고단2580
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2017, at around 00:18, the Defendant driven CK5 cars while under the influence of alcohol content of about 0.141% while under the influence of alcohol without a vehicle driver's license at approximately 500 meters from the front day of the pre-furnal street in Gwangju Northern-dong to the front day of the Gwangju Northern-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Details of driver's license revocation, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of all the sentencing conditions indicated in the arguments of this case, including the fact that there exists a record of punishment once due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but there is no record of crime exceeding fines, reflects that there is no record of crime, alcohol concentration during blood, driving distance, and other criminal defendant's age, sex, environment, circumstances of crime, and circumstances after the crime, the punishment as set forth in the text of this case shall be determined.

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