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(영문) 광주지방법원 목포지원 2016.08.12 2016고단540
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2016, the Defendant driven B cherb in the state of alcohol alcohol concentration of about 0.126% without obtaining a driver’s license from approximately 200 meters in the section of 200 meters from around the alcohol house to the aftermath of the Seoul Hospital and the aftermath of the Seoul Military Hospital located in the direction Eup Eup of the Newanan-gun, Seoul National University.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. The reason for sentencing of selective sentence of imprisonment is that the Defendant appears to have the light to recognize and reflect the instant crime, and that there is a family member to support as a recipient of basic living benefits, etc., which are favorable to the Defendant.

On the other hand, the fact that the Defendant committed the instant crime without having been punished several times due to the same kind of crime (in particular, even if he had the record of being sentenced to the suspension of the execution of imprisonment due to the same crime), and that the alcohol concentration in the blood cannot be said to be a low amount at the time of the instant crime.

In addition to the above sentencing grounds, various circumstances revealed in the arguments of this case, such as the defendant's age, sexual conduct, family relationship, environment, circumstances after and result of the crime, etc., shall be comprehensively considered and decided as ordered.

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