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(영문) 서울북부지방법원 2016.10.20 2016고단3238
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 21, 2015, the Defendant received a summary order of KRW 4 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act on April 22, 2016.

On May 30, 2016, at around 00:05, the Defendant driven a C golf car at approximately 400 meters from the front day of the 700-F drinking house, which is located in 18 in the Gyeongnam-do, Kim Jong-gu, Jin-si, Jin-si, etc., to the long-distance road located in the same Eup/Myeon, without obtaining a driver's license for a motor vehicle and with a blood alcohol content of 0.081%.

As a result, the defendant, while under the influence of alcohol, has driven a motor vehicle in violation of the Road Traffic Act not less than twice, but again driven a motor vehicle under the influence of alcohol without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Unfavorable circumstances of sentencing under Article 62(1) of the Criminal Act: The fact that the person committed the crime of driving without a license for drinking alcohol in this case even though the person had already been sentenced to a fine twice due to drinking alcohol driving, is against the good condition: The fact that there is no criminal record exceeding the fine, and that there is no criminal record exceeding the fine, it is decided as per the disposition in consideration of the various conditions of sentencing as shown in the instant case, such as the age, character

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