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(영문) 광주지방법원 순천지원 2015.07.24 2015고단17
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for 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 December 16, 2014, at around 15:50, the Defendant driven B Poter cargo under the influence of alcohol with approximately 400 meters alcohol concentration 0.152% without obtaining a driver’s license from the front road of the luminous bus terminal located in the Mineyang-si Indonese-si, the Defendant driven B Poter cargo under the influence of alcohol with approximately 400 meters from the front road of the luminous bus terminal to the winder in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had the same record of punishment for driving without a license for the same kind of drinking alcohol on several occasions, and the nature of the offense is heavy.

However, it is decided as per Disposition in consideration of the fact that the defendant reflects the crime of this case, the fact that the defendant again does not drive a drinking without a license, and the health of the defendant is not good.

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