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(영문) 광주지방법원 2017.04.27 2017고단450
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On January 19, 2017, the Defendant driven B Poter truck under the influence of alcohol content of 0.079% without a driver’s license in the direction of approximately 4km from the dong-gu, Gwangju, the 29-1, a two-lane from the dong-dong, the Gagdong-gu, Gwangju, to the front road of 29-1, a two-km-ro, the 62-ro, the Dogdong-gu, Gwangju, Gwangju, the Defendant driven the B Poter truck without a driver’s license.

2. On January 19, 2017, the Defendant presented the following as the Defendant’s driver’s license: (a) on the street of the 19:00 on the street of the 29-1 Dondong apartment located in Gwangju Northernbuk-gu, 62 Dondong-ro; (b) after being discovered while driving alcohol, the Defendant was asked to produce a driver’s license from D in the circumstances where the C District Police Station belongs to the Gwangju Northern Police Station, and (c) was in possession, as the Defendant’s driver’s license.

Accordingly, the defendant did not exercise his driver's license, which is an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The driver's license ledger;

1. A copy of driver's license;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) and Article 230 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The fact that the instant crime was committed even though he was already punished several times due to drinking, driving, traffic accident, etc., and the crime of this case is bad, etc.

B. favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake, and is beyond a suspended sentence due to drinking driving.

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