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(영문) 서울북부지방법원 2016.09.22 2016고단2410

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 1, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) and a fine of KRW 1 million for the same crime on October 30, 2007 at the Incheon District Court Branch Branch of the Incheon District Court, and was sentenced to a fine of KRW 1 million on at least two occasions for the same crime.

On June 11, 2016, the Defendant, while under the influence of 0.19% alcohol during blood without obtaining a driver’s license on around 21:05, operated a B carren car over approximately 1km of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, from the vicinity of the falling apartment located in the off-dong in Seoul Special Metropolitan City, to the 427th day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The fact that a person has already been punished four times due to drinking driving and one time due to driving without a license, and that a person is driving without a license for drinking even though he had already been punished once due to driving without a license, is against the other favorable circumstances: o, the defendant's age, sex behavior, environment, etc. are against the other favorable conditions of sentencing as set forth in the above case, shall be considered and sentenced as the disposition;