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(영문) 서울남부지방법원 2018.07.26 2018고단1763

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a 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 Defendant issued, on November 16, 2009, a summary order of KRW 2.5 million to a fine for a violation of road traffic laws at the Seoul Southern District Court on March 30, 201, a fine of KRW 2.5 million for a violation of road traffic laws at the Seoul Southern District Court on March 30, 201, and a fine of KRW 5 million for a violation of road traffic laws at the Seoul Southern District Court on April 6, 201.

【The Defendant, as indicated in the record of crime, committed a violation of Article 44(1) of the Road Traffic Act not less than twice, and driven a DNA-learning car under the influence of alcohol content 0.150% without obtaining a driver’s license from the Do adjacent to Guro-gu Seoul Metropolitan Government to the front road of Yangcheon-gu Seoul Metropolitan Government, around 20:05 on March 22, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of drinking alcohol measurement, a report on the situation of the driver concerned, and a report on the detection of the driver concerned;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order and order to attend a lecture, are as follows: (a) the Defendant has a high drinking capacity of four times; and (b) there is no more criminal history than suspended execution or more; and (c) the Defendant has expressed an intention to reflect, such as disposal of vehicles, etc. after receiving medical treatment related to alcohol addiction.

In light of these various circumstances, the defendant is the defendant in full view of the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment.