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(영문) 서울북부지방법원 2016.10.20 2016고단3334
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 9, 2016, at around 22:34, the Defendant driven a vehicle B 30-A while under the influence of alcohol content of about 100 percent, without a driver’s license, at a section of approximately 100 meters from the road near the acceptance box located in Gangseo-gu Seoul Metropolitan Government, to the road of about 59-1, an old water route.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act: The fact that a person commits the crime of driving without a license for drinking alcohol in this case even though he had already been subject to two times of criminal punishment due to a drunk driving, circumstances favorable to the fact that a person receiving a license for drinking alcohol in this case is high: The fact that the person receiving a license for drinking alcohol in this case is against the fact that there is no criminal conviction exceeding the fine, and that the distance of driving is only 100 meters, o and other conditions of various sentencing as indicated in this case, such as

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