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(영문) 서울북부지방법원 2015.03.19 2014고단3770
도로교통법위반(음주운전)등
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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

On September 16, 2014, at least 01:15, the Defendant driven B, while under the influence of alcohol, at least 0.2% (0.22% at the time of the alcohol alcohol measurement as 01:22% on the same day) of alcohol content without obtaining a driver’s license in a section of approximately 750 meters from the front of the actual expenses in Hancheon-ro, Hancheon-ro, Seoul (1020 dong) to the b, Hancheon-ro, 945 (dong), Hancheon-ro, Hancheon-ro, 945 (dong).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of driving under driving under the influence of alcohol, and the report on the state of driving under the license;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 1, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

The reasons for sentencing are as follows: (a) even though the Defendant had been punished by a fine on December 2010 and December 2013 due to drunk driving, the Defendant again committed the instant crime; and (b) considering the fact that the blood alcohol concentration in the instant case is at least 0.2% and is at least 0.2%, the Defendant is selected to be sentenced to imprisonment with prison labor; and (c) the Defendant repents his mistake; and (d) other conditions for sentencing indicated in the record, such as the Defendant’s age, character and behavior, the motive and background of the instant crime, and circumstances

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