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(영문) 서울북부지방법원 2016.09.22 2016고단2370
도로교통법위반(음주운전)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

The suspect is a person who causes the company.

On March 7, 2016, the drinking driving was controlled by a fine of three million won in Seoul Western District Court, and on July 2, 2016, a fine of 4.5 million won has been punished by a fine at the Seoul Central District Court, but around May 27, 2016, the Seoul Central District Court driven a vehicle without a driver's license within approximately 15 kilometers in approximately 15 kilometers from the west-gu Seoul Samsungdong-dong to the 332 "Slleung-gu" road located in Samsung-dong, Gangnam-gu, Seoul, the place of control, from May 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: 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 a fine twice due to drinking driving, circumstances favorable to the fact that the person receiving drinking alcohol is high: it is against the fact that there is no criminal record other than a fine, and it is decided as per the disposition in consideration of various conditions of sentencing as shown in this case, such as the defendant's age, sexual behavior, environment, etc.

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