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(영문) 서울남부지방법원 2017.02.02 2016고단5909

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2016, at around 00:45, the Defendant driven a B-wing truck with alcohol level of about 0.170% while under the influence of alcohol level of about 1km, without obtaining a driver’s license, from the front of the “Korea-gu Seoul Gangseo-gu 5-ro, Gangseo-gu, Seoul, 131, on the roads of “Korea-gu Do-ro 5, 144, as Seoul National Assembly.”

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver driving, the details of regulation, and the application of 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, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1.Article 62(1) of the Criminal Code of the Republic of Korea;

1. Normal circumstances that are favorable for sentencing of Article 62-2 of the Criminal Act: There is no previous offense exceeding a fine;

(k) Unfavorable circumstances: A person who has been subject to punishment twice due to drinking or one time due to driving without a license and has been subject to punishment;

An occupation.0 Other circumstances, such as driving circumstances, driving distance, and circumstances after crimes.