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(영문) 서울북부지방법원 2017.02.09 2016고단5159
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On January 4, 2013, the Defendant received a summary order of KRW 1,00,000 from the Seoul Eastern District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Eastern District Court on December 14, 2015, a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (driving) at the Seoul East Eastern District Court on December 14, 2015, and on June 27, 2016, a summary order of KRW 1,00,000 has become final and conclusive.

Criminal facts

At around 01:00 on August 3, 2016, the Defendant driven C-crack Motor Vehicle under the influence of alcohol concentration of 0.147% without obtaining a driver's license from the front of the Jyang-dong New School in Gwangjin-gu Seoul, Seoul to the front day of the subway Station No. 7 in Seongbuk-gu, Seongbuk-gu, Seoul, to the front day of the subway Station No. 102, 102.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

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

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. 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 Criminal Act of the suspended sentence: The sentence shall be rendered in consideration of various conditions of sentencing as indicated in the instant case, such as the Defendant’s age, sexual behavior, environment, etc., where two times due to drinking driving, one time due to driving without a license, and where one time due to drinking driving, the circumstances favorable to the fact that drinking is high:

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