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(영문) 서울서부지방법원 2016.09.06 2016고단2035
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:00 on July 4, 2016, the Defendant driven the B Oralb, without a driver's license, under the influence of 0.141% of blood alcohol level from approximately 500 meters away from the 500m section to the East-ro 21-lane 20, which is located in the Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on circumstantial statements of a drinking driver, results of crackdown on drinking and driving;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a total force of multiplying the drinking and unlicensed driving, and again, he/she has a driving or unlicensed driving, and there is a need for any corresponding strict punishment.

Provided, That it shall be determined that the execution of imprisonment is suspended in consideration of the fact that the accused is pening his mistake and has no record of punishment heavier than the fine, etc.

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