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서울남부지방법원 2016.06.02 2016고단483

A defendant shall be punished by imprisonment for six 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.


Punishment of the crime

On August 30, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method, and on June 10, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime to the Seoul Southern District Court.

On December 20, 2015, the Defendant, without obtaining a driver’s license of a vehicle around 04:35, driven a Brocketing car from approximately 3km to the front road of the international white apartment located in the same Gu and located in the Busan Jin-gu, Busan, under the influence of alcohol level of 0.073%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same criminal records as the suspect), previous convictions and application of Acts and subordinate statutes;

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

1. Normal circumstances that are favorable for the reasons of sentencing under Article 62-2 of the Criminal Act: The amount of drinking alcohol is not high;

(k) Unfavorable circumstances: Three times a person has been punished for driving without a license, and two times a person has been punished for driving under drinking;

The sentencing conditions specified in the arguments, such as the defendant's age, sexual conduct, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the court.