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(영문) 서울북부지방법원 2018.02.01 2016고단5692

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 14, 2016, the Defendant, without obtaining a driver's license for a motor vehicle on December 14, 2016, driven the CM motor vehicle over approximately 8km section in Seoul, Nowon-gu, Seoul, with a alcohol level of 0.062% in alcohol level from the front parking lot of 307 Dong-dong, Gangnam-gu, Seoul, to the front road of 556 U.S. on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. Inquiries about the results of crackdown on 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; Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;

1. Taking account of the fact that there was a history of punishment twice due to the driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, one time due to the driving without a license, and that there was no record of driving or driving without a license since 2002, the preceding day is not broken by the next day, and the drinking value is relatively low, and the drinking value is contrary to the detention period for about 50 days.