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(영문) 서울서부지방법원 2017.08.24 2017고단1637
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 13, 2017, the Defendant driven D SM5 car under the influence of alcohol concentration of 0.181% without obtaining a driver's license in approximately 10km from the front of the art gallery side camping site of Eunpyeong-gu Seoul to the front road of the Dong community service center for about 10km-ro 178 Mao-ro, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate 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, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant was punished three times from 202 to 2004 for the reason of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures. On November 13, 2016, the Defendant was punished on the ground that he/she driven the instant vehicle on the ground that he/she driven the vehicle on the ground that he/she driven the vehicle on the ground that he/she driven the vehicle on the part of December 26, 2016. While his/her driver's license was revoked on December 26, 2016 due to the foregoing drinking, he/she was punished on the ground that he/she driven the vehicle without a license on the ground that he/she driven the vehicle on the part of December 13, 2017. After that, the Defendant committed the instant crime of drinking without a license even after driving alcohol and driving without a license, and that he/she was under a long distance while driving the vehicle on the part of the Defendant on the part of drinking.

However, the defendant should not repeat the crime of this case in depth, and the defendant does not have any punishment exceeding the fine due to traffic-related crimes, the defendant supports his mother, and the age, sex, environment, motive for the crime, circumstances after the crime, etc.

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