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(영문) 서울북부지방법원 2017.07.06 2017고단1877
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 January 23, 2014, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on September 26, 2008, and was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Gangwon District Court on September 26, 2008, and on October 30, 2006, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on October 30, 2006 and was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at least twice.

On May 15, 2017, the Defendant, without obtaining a driver’s license at around 00:48, driving a B non-stop vehicle at approximately 300 meters from the day before the station gate at the entrance of Seoul Special Metropolitan City Nowon-gu, to the day when the Defendant was under the influence of alcohol of 0.080% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving and unlicensed driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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;

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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service has the ability to drive drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again leads to the instant crime, there is no criminal punishment exceeding a fine, and the fact that such order

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