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(영문) 서울북부지방법원 2018.02.22 2017고단5051
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:00 on November 7, 2017, the Defendant driven CM520 car under the influence of alcohol content of about 300 meters in the section of approximately 23:30 meters from the subway 7 Station in Seoul Special Metropolitan City, Nowon-gu, to the 1662-ro 243-ro 17, the same day, around the same day, from the subway 7 Station in front of the subway acceptance mountain station located in 1662, Nowon-gu, Seoul Special Metropolitan City.

On January 2, 2018, 2018, the Defendant driven the CSS5 car without the driver’s license from around 3 km to around 460, Namyang-si, Cheongyang-si, Cheongyang-ro, 68-ro, Cheongyang-si, Cheongyang-si, Cheongyang-do.

Summary of Evidence

"2017 Highest 5051"

1. Statement by the defendant in court;

1. The report on detection of the driver at the main place of business and the report on the circumstances of the driver at the main place of business on the statement of the driver at the main place of business;

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (in cases of drinking) of the Road Traffic Act, Article 152 subparagraph 1, 43 (in cases of driving without a license) of the Road Traffic Act and the selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant had been punished twice due to the previous drinking driving, but again commits the crime of drinking in this case, and it is very high in the blood alcohol concentration at the time of the crime of driving the drinking in this case, traffic accidents occur, and the fact that the defendant committed the crime of driving without the license in this case even though he was under trial due to the drinking driving in this case. The fact that the defendant recognized the criminal facts in this case and against the mistake, the defendant did not have any history of punishment in excess of the past, and the defendant did not have any history of punishment in this case.

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