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(영문) 광주지방법원 순천지원 2018.06.21 2018고단526
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2018, the Defendant driven BM5 car under the influence of alcohol concentration of 0.106% while under the influence of 0.106%, without obtaining a driver’s license, from the front of a cafeteria in the BM5-car Municipal Ordinance, to the front road of the Manyang-si, Gwangjuyang-si, the 648-ro luminous-ro, Mayang-si, Mayang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate 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. Selection and punishment of imprisonment at once for the reasons of sentencing under Article 62-2 of the Criminal Act, taking into account the defendant's records of punishment for drinking, distance between punishment records, etc., the degree of punishment exceeding the fine, the degree of alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the defendant's age, sex behavior, environment, circumstances after the crime, etc., shall be determined as per the order.

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