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(영문) 서울동부지방법원 2015.12.09 2015고단2885
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 September 12, 2015, at around 01:42, the Defendant driven a B low-speed car under the influence of alcohol level of 0.159%, without obtaining a driver's license, from the front of the village street in Gangdong-gu Seoul Metropolitan Government to the front of the 1299 front road, from the front of the village street in Gangdong-gu to the front of the 100m width in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the fact that an order to attend a course has been sentenced to a fine twice due to the reason of sentencing under Article 62-2 of the Criminal Act, three times due to the driving without a license, but is against the law, and there is no criminal record of suspended execution or more; and

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