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(영문) 광주지방법원 2016.11.24 2016고단4166
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 17, 2016, around 20:07, the Defendant driven B Poter truck under the influence of alcohol with a blood alcohol concentration of 0.067% without obtaining a driver’s license from a section of approximately 1km from the front of the “Gmaart” to the front of the “Naju Fire Station,” located in the Gmaart 2-ro from the front of the “Gma” to the front of the “Naju Fire Station,” located in the Naju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

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

1. The reason for the sentencing of selective sentence of imprisonment with prison labor, and the driving without the license for drinking, etc., included several times of punishment, and in particular, one-year suspended sentence of imprisonment with prison labor for driving without the license for drinking in 2012.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, it shall be considered in favor of the fact that it is against the law, that the blood alcohol concentration is not high, and that the crime of this case does not lead to a traffic accident.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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