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(영문) 광주지방법원 2016.02.25 2015고단4532
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 2, 2015, at around 01:15, the Defendant driven a car with approximately 5m alcohol without obtaining a driver’s license for a motor vehicle on the International Host in Seo-gu, Seo-gu, Gwangju, and driving a car with approximately 0.184% of alcohol during blood while under the influence of mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver driving, inquiry into the results of crackdown on drinking driving, the ledger of driver's licenses, and the application of mandatory insurance-related statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, considering the defendant's age, sex, environment, circumstances of crime, circumstances after the crime, etc., the sentence shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been established). Unfavorable circumstances: The crime of this case is deemed to operate a motor vehicle with no mandatory insurance without drinking and license, and the nature of the crime is not good.

In 2012, one time due to drinking driving, and two times due to driving without a license in 2013.

Excellently: The distance of driving is shorter.

There is no criminal offense exceeding a fine.

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