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(영문) 광주지방법원 2017.02.16 2016고단5150
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

around 22:50 on October 11, 2016, the Defendant driven a B tea with alcohol level of about 0.157% while under the influence of alcohol level of 0.157% from a restaurant that does not know the trade name in the 2amba-dong in Gwangju-gu to the 106-ro 14th road in Gwangju-gu, Gwangju-gu, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a driver's license;

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. In full view of the defendant's records of punishment for the same crime for sentencing under Article 62-2 of the Criminal Act (not less than three times from 1999 to 2014 by driving without a license), driving distance, alcohol concentration in blood, and other defendant's age, sex, sex, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered by the order.

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