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(영문) 서울서부지방법원 2014.07.22 2013고단1175
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

On April 24, 2013, at around 22:43, the Defendant: (a) driven a B radar car under the influence of alcohol concentration of 0.181% without obtaining a driver’s license for a section of approximately 500 meters from the front side of the Handoin company located in the Seo-gu Incheon Metropolitan City, Seo-gu to the front side of the complete distance in the same Gu.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Investigation into the results of the drinking driving control, and the application of the statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence shall be determined as ordered by the defendant, who has been punished several times due to the reason of the suspended sentence under Article 62(1) of the Criminal Act, driving without a license, even though the defendant was engaged in driving without a license, considering the fact that the defendant has no record of being punished for a heavier punishment than the suspended sentence, and all other circumstances constituting the conditions of the sentencing, such as the age, character, conduct and environment

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