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(영문) 광주지방법원 순천지원 2015.03.13 2014고단2283
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2014, at around 20:00, the Defendant driven a B Ecoo motor vehicle under the influence of alcohol content of at least 0.058% without a vehicle driver’s license, from around 300 meters away from the front road of a restaurant to the front road of a ecoo-gu ecoom apartment, which is caused by an error in light of the ecuadic traffic from the front road of a restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had the same record of punishment for driving without a license for the same kind of drinking alcohol on several occasions, and the nature of the offense is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case, the fact that the defendant again does not drive a drinking without a license, the fact that he disposes of the vehicle, etc.

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