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(영문) 서울북부지방법원 2017.11.16 2016고단5538
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 22:30 on October 28, 2016, the Defendant driven a FM vehicle from the front side of the Seoul Northern-gu Seoul Northern-gu to the front side of the E pharmacy located in Seongbuk-gu Seoul, Seoul, without a driver's license, at approximately 4 km from around 22:30 on October 28, 2016.

On December 24, 2016, the Defendant was under the influence of alcohol concentration of 0.078% in blood around 16:50 on December 24, 2016, the Defendant driven a f multilateral vehicle at the section of approximately 2.4km in Seoul, Jungmun-gu, Seoul, from the roads near Bomundong, to the roads near the 404 new intersection, without the driver’s license.

The Defendant, around 15:40 on April 2, 2017, 2017, driven a FM vehicle without obtaining a driver's license from the road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, via the mutual influoral rain or 50, from the road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the front road of about 2 km from the 65-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si to the 107-dong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Traffic Act (unlicensed driving) of the relevant Act;

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant was punished twice due to drinking alcohol driving in the past, twice due to a non-license driving in the past, and that the defendant was tried at the Highest 5538 cases, but again committed the crime of non-licenseless driving in 2017 Highest 1208 and 1506 Highest 2017 Highest 201 and 2017 Highest 1506, and the numerical value of alcohol concentration during blood alcohol at the time of driving in the instant case.

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