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(영문) 서울북부지방법원 2016.10.06 2016고단3129

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 01:45 on July 3, 2016, the Defendant, without obtaining a driver’s license, driven the B K5 car from the front side of the Dobong-gu Seoul Metropolitan Government Nowon-gu 63Daodong apartment to the front side of the 69-ro 14 Nowon-gu, Dobong-gu, Seoul, to the 1.76 km-ro, Dobong-gu, Seoul 1.76 km-ro.

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 the statutes on the register of driver's licenses;

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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act: The fact that a person commits the crime of driving without a license for drinking alcohol in this case even though he had already been subject to the criminal punishment once due to a drunk driving and four times due to a unlicensed driving, the fact that the person receiving a license for driving without a license for drinking alcohol in this case is against the fact that the person receiving a fine is highly favorable: the fact that there is no criminal record exceeding the fine, and that there is no criminal record other than the fine, it is so decided as per the disposition,