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(영문) 서울북부지방법원 2016.05.03 2016고단579
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2009, the Defendant was sentenced to a summary order of 2.5 million won for a fine of 2.5 million won for a crime of violating the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Seoul Southern District Court (Seoul Southern District Court) on September 11, 2009, and the Defendant was sentenced to a summary order of 3 million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 29, 2015 and was sentenced to a summary order of 4

On December 21, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.168% without obtaining a driver’s license from around 2.3 kilometers from the front of a restaurant of “spawn” located in 211 to the (ju) Central Road located in 429 U.S., Jung-gu, Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle and the driver’s license register;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting 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 (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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act had already been sentenced to a four-time fine due to driving of drinking alcohol, the sentence is determined as ordered by taking into account the following factors: (a) the fact that the person committed the crime of driving a license without a license for drinking alcohol in this case; (b) the fact that the person is against the principle of imprisonment; and (c) there is no previous conviction other than the fine; and (d) the Defendant’s age

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