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(영문) 광주지방법원 순천지원 2018.05.10 2017고단2855
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 December 2, 2017, at around 23:31 on December 2, 2017, the Defendant, without a driver’s license, driven a car in body B while under the influence of alcohol content of about 0.109% from the 200m section to the taxi front of the taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant issued a summary order of a fine of two million won due to driving under the influence of alcohol in 2005, and the Defendant again issued a summary order of a fine of five million won due to driving under the influence of alcohol in 2015, and the Defendant’s crime is not easy in light of the fact that driving under the influence of alcohol or without a license again was done.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be considered together, and the sentence shall be determined as ordered.

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