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(영문) 광주지방법원 2016.06.23 2016고단1246
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 6, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on March 15:46, 2016, driven C physical-man passenger cars at approximately 1.5km from the vicinity of a restaurant in which the trade name located on the ebbal mouth in the ebal basin in the eban-si cannot be known, to the roads adjacent to the eballeg at the entrance of the ebal region in the ebalian-Eup in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing period under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, the records of punishment for the same crime committed by the defendant (not less than a fine is punished five times from 1999 to 2012 without obtaining a driver's license) and driving distance, alcohol concentration in blood, and other conditions of punishment specified in the arguments of this case, such as the defendant's age, sex, behavior, environment, health conditions, circumstances after the crime, etc., shall be determined as ordered by taking into account all of the conditions of punishment specified in the arguments of this case.

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