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(영문) 서울북부지방법원 2013.11.28 2013고단2262

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 September 14, 2013, at around 00:20, the Defendant driven a e-chip vehicle under the influence of alcohol content of 0.159% without obtaining a driver’s license from around 10k section of approximately 10km to around 71-21, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on license ledger;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in light of the reason for sentencing under Article 62-2 of the Criminal Act, the record of drunk driving and unlicensed driving, the degree of the drinking of this case, the circumstances of detection, etc., but considering the fact that the defendant is in a profound radius and the fact that the defendant does not repeat a crime by selling a motor vehicle, etc.;