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(영문) 의정부지방법원 고양지원 2017.08.07 2017고단1396

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than five 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 April 13, 2017, the Defendant driven B cargo vehicles under the influence of alcohol content of about 0.075% at the section of about 50 meters from the 50m to the front road of the “Medid Hospital in the same city,” without obtaining a driver’s license of around 23:30 on April 13, 2017.

around 07:39 on June 17, 2017, the Defendant driven a sports car at approximately 13 km from the front of the C 1103 Dong-si to the front of the 49-13 Este factory in Korea without obtaining a driver's license.

Summary of Evidence

"2017 Highest 1396"

1. Statement by the defendant in court;

1. Report on the current status of driving without a license;

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

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. The "Register of Driver's Licenses (Digitalization Documents) of motor vehicles": 2017 Highest 1934;

1. Statement by the defendant in court;

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

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

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking) of the Traffic Act concerning the facts constituting an offense under the relevant Act, and Article 152 subparagraph 1, and Article 43 of the same Act (the point of driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2016Da1448, Apr. 1, 2016) (see, 201; Supreme Court Decision 201Da1448, Apr. 1, 2016)