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(영문) 서울중앙지방법원 2016.05.11 2016고단1362

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On September 5, 2013, the Defendant was issued a summary order that imposes a fine of three million won for a violation of road traffic law (driving alcohol) at the Seoul Eastern District Court on September 5, 2013, and on September 1, 2014, the Defendant was issued a summary order that imposes a fine of three million won for a violation of road traffic law (driving alcohol) at the Seoul Central District Court on September 1, 2014, and on September 11, 2015, the Defendant was issued a summary order that imposes a fine of five million won for a violation of road traffic law (driving alcohol) at the Seoul Central District Court.

[2] The Defendant, while under the influence of alcohol leveling 0.052% in blood without a driver’s license, driven a DM-W car at approximately three kilometers from the front of the calendar distance in the new city located in the Gangnam-gu Seoul Metropolitan Government, Jung-gu, Seoul, to the front road of the water basin in approximately 3km-dong, Jung-gu, Seoul, Jung-gu, Seoul, to the front road of the horizontal distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is in charge of driving, notification of the results of crackdown on the driving of alcohol, and record of drinking measurement;

1. Investigation report (the details of crackdown on drinking drivers);

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (report on attachment to the same type of case);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same