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서울중앙지방법원 2016.08.10 2016고단3695
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who drives a passenger car B.

around 07:06:21 on 04.07. 07. 06.21, the distance of about 50M from the alcohol house near the shooting distance of the Gangnam-gu Seoul Metropolitan Government Car Hospital to about 628-14 of the same Gu is driving the vehicle without a driver's license with the alcohol concentration of about 0.159% in blood without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of alternative imprisonment with prison labor (in consideration of the fact that there are many records of criminal punishment including the previous one);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of reflective nature, the age, environment, circumstances after committing a crime, etc.);

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