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(영문) 광주지방법원 순천지원 2018.12.20 2018고단1864
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2018, at around 01:40, the Defendant driven B low alcohol level while under the influence of alcohol level of 0.233% while under the influence of alcohol level of 0.23% during blood without obtaining a driver’s license, from the front day of the wing-dong in the same city, to the front day of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Act (the same type of crime, interval with the previous crime, etc.), the nature of the crime in this case, the degree of alcohol concentration in the defendant's blood transfusion at the time of driving of this case, the details of regulating the crime in this case, the circumstances after the crime, and the family relationship of the defendant, etc., the sentence identical to the order shall be determined.

It is so decided as per Disposition for the above reasons.

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