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(영문) 서울남부지방법원 2016.09.29 2016고단3549
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 14, 2016, at around 22:10, the Defendant driven Calba while under the influence of alcohol content of about 0.165% while under the influence of alcohol without obtaining a motor device license for a section of approximately 2km from the roads in the Sokdong, Geumcheon-gu Seoul Metropolitan Government to the roads in the same 178-31.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and 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; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The reasons for sentencing choice of sentence of imprisonment with prison labor are currently under suspension of execution, having a large number of criminal records of the same kind, having a high drinking value, failing to comply with the request of an investigative agency for appearance after the crime, the circumstances leading up to the occurrence of drinking, and the circumstances after the crime, etc. shall be determined as ordered in consideration of the overall circumstances;

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