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(영문) 서울남부지방법원 2016.12.15 2016고단4145
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2016, at around 13:30, the Defendant driven B Poter truck under the influence of alcohol content of 0.067% without obtaining a driver’s license from the road 300-4, Gangnam-gu, Seoul, Gangnam-gu, Seoul, to the point 71.4 km in the direction of the Seocheon-dong Highway, Seocheon-do, Seocheon-do, Seocheon-do, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the control of drinking driving, a report on the situation of driving without a license, a driver's license inquiry, and a report on the situation of driving under driving;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined as ordered in light of the following circumstances: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) five times or more due to drinking alcohol and driving without a license; (c) the driving of an expressway with no license after drinking alcohol; and (d) the circumstances, such as driving circumstances, criminal records, and circumstances after committing the crime, etc.

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