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(영문) 광주지방법원 해남지원 2015.10.22 2015고단378
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2015, the Defendant driven B vehicles on the front of the YY 17 Yellow City, Yellow Sea, west-ro 17, Yellow Sea, west-ro, west-ro, 17, in the state of alcohol alcohol concentration of 0.169% without obtaining a driver’s license at around 04:11.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

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

1. Relevant provisions of Article 148-2 (2) 2, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had already been punished due to drinking or unlicensed driving several times, and that the defendant's blood alcohol concentration at the time of the crime of this case was not lower than the defendant's blood alcohol concentration at the time of the crime of this case, but the fact that the defendant led to the confession of the crime of this case and reflects the depth of the crime of this case, etc.

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