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(영문) 서울남부지방법원 2016.04.21 2016고단243
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 December 23, 2015, the Defendant driven a BS-type car under the influence of alcohol concentration of about 0.075% in blood without obtaining a driver’s license from the front of the gold iron point in the west-gun, Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Geumnam-gun to the front road, in the direction of about 1km from the front of the gold iron point in the west-gun, Chungcheongnam-gun, Chungcheongnam-do., the Defendant driven a BS-type car under the influence of alcohol concentration of about 0.075% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries into a license ledger;

1. A driver's license under Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act for a crime: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who commits a violation of Road Traffic Act due to a driving without a license heavier than that imposed on him/her);

1. Selection of imprisonment with prison labor chosen;

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 Order to Attend a lecture even though the defendant had a previous conviction for the same kind of offense, the fact that the defendant once again drives without the driver's license is good, or that the defendant has no previous conviction beyond the fine, and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior and environment, shall be determined by taking into account the following factors:

It is so decided as per Disposition for the above reasons.

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