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(영문) 광주지방법원 2014.08.20 2014고단2053
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 May 18, 2014, the Defendant, without a driver’s license, driven a 31 ton truck owned by 1 ton of the Defendant, in the state of 0.051% alcohol concentration, from the house to the control point in front of a military colon in the Magnam-gun’s written book, in front of a military colon in the Magnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of a suspect in violation of the Road Traffic Act, report on the circumstances of a drinking driver, notification of the results of the crackdown on drinking and report on the circumstances of a drinking driving;

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

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The positive factors that the sentence is determined like the ordering considering the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and other various circumstances, such as the Defendant’s age, character and behavior, career and environment, etc., which are shown in the pleadings of the instant case: The negative factors that are contrary to the order: The negative factors that have been committed several times due to the same kind of criminal power: The amount of drinking alcohol:

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