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(영문) 서울서부지방법원 2018.10.11 2018고단1331
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2018, the Defendant driven Datland 1331 while under the influence of alcohol content of about 0.064% in blood, without obtaining a driver's license, at around 00:14, the distance of about 5km to the front road of Eunpyeong-gu, Seoul at which it is impossible to identify the trade name in the Gyeyang-gu, Seoyang-gu, Goyang-gu.

On June 17, 2018, the Defendant 2018 Godan 2552 driven a DNA freight vehicle from Yangcheon-gu Seoul, Yangcheon-gu, Seoul to approximately 257 km to approximately 885 km-ro, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, without obtaining a driver's license on a motor vehicle.

Summary of Evidence

"2018 Highest 131"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, and a driver's license inquiry letter "2018 high group 2552";

1. Statement by the defendant in court;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that has no history of punishment heavier than a fine due to the crime of the same kind; Article 62 (1) of the same Act (see, e.g., Supreme Court Decision 2006Da15488, Apr. 2, 2006);

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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