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(영문) 전주지방법원 2016.10.25 2016고단915
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 9, 2016, at around 00:45, the Defendant driven a C observer car under the influence of alcohol by 0.142% without a driver’s license, from a section of about 10km from the front floor of the Peace Pung Village Apartment apartment located in the Yasan-gu, Yasan-si, Chungcheongnam-si, to the KTF distance located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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 an offense (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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service, and lecture attendance order for the accused - Normals unfavorable to the accused: three times due to drunk driving, and one time due to non-licensed driving (0.142% of blood alcohol level) - The degree of drinking alcohol level (0.142% of blood alcohol level): The circumstances favorable to the accused: serious reflectivity, the same kind of criminal record as or higher than a suspended sentence, and four minor children as recipients are supported by four minor children, the detention of the accused entails excessive difficulty to the family members - Other comprehensive requirements for sentencing as prescribed in

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