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(영문) 서울북부지방법원 2018.06.05 2018고단1528
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 March 15, 2018, the Defendant driven CM5 vehicle at approximately 500 meters in the section of 500 meters from 3:06% from 0.064% alcohol concentration in blood without obtaining a driver’s license on March 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that an order to attend a lecture or an order to provide community service was served twice as a drinking driver for the reason of sentencing under Article 62-2 of the Criminal Act, and once a license was served for driving without a license, and again, the instant crime was committed; the drinking volume is relatively low; the head of the parent-child and the child with a disability 2; the bringing-up of the child with a disability is taking into account the Defendant’s age, sexual behavior, environment, etc.; and all of the conditions of sentencing

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