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(영문) 광주지방법원 해남지원 2016.02.04 2015고단544
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 20, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle on November 14:15, 2015, driven the E-Poter Cargo at the 1km section from the front of the Defendant’s house located in the Southern-gun B while under the influence of alcohol content of 0.065% during blood, to D’s front road located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing) have a history of having been punished by drinking, driving without a license, and committing the instant crime even though the Defendant had a record of having been sentenced to punishment due to a violation of the Road Traffic Act.

Although the defendant should be punished strictly, the punishment as ordered shall be determined in consideration of the fact that the defendant reflects the defendant, that the amount of alcohol concentration in the blood of the defendant is not significantly high, and all the kinds of sentencing factors revealed in the trial process of this case.

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