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(영문) 광주지방법원 순천지원 2016.07.20 2016고단630
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 20, 2016, around 21:08, the Defendant driven B cargo while under the influence of alcohol of about 0.161% in alcohol without obtaining a driver’s license from the 2km section of approximately 2km in the same Eup/Myeon, through the same Eup/Myeon-dong mountain reservoir from the front of the 75-5 Masan Do-dong, Seosan-dong, Chungcheongnam-gun, Chungcheongnam-gun, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, e.g., the Defendant.

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. The driver's license ledger;

1. Application of each statute on photographs;

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 punishment as per the disposition shall be determined in consideration of the favorable circumstances, such as the fact that the defendant's blood content is considerably high in light of the reasons for sentencing under Article 62-2 of the Criminal Act, etc., such as the fact that the defendant is led to confession or reflect, the fact that the defendant seems to scrap his/her operated truck, the fact that he/she has no record of suspended execution or higher punishment, and other favorable circumstances, such as the defendant's age, sexual behavior, and circumstances after crimes, etc.

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