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(영문) 서울중앙지방법원 2017.07.19 2017고단3430

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 August 28, 2013, the Defendant was notified of each summary order of a fine of KRW 1 million due to a violation of road traffic law (drinking) at the Suwon District Court's House on August 28, 2013, and a fine of KRW 5 million due to a violation of road traffic law (drinking) at the Suwon District Court's House on November 19, 2016.

On March 13, 2017, the Defendant, without obtaining a driver’s license, driven a vehicle with approximately 7 km Ebened cench E car from the road near the Seoul Gangnam-gu Cheongrostrostm to the front road of the Seoul Seocho Arts Center, under the influence of alcohol level of 0.131% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the records of drinking driving) statute;

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. The community service order under Article 62-2 of the Criminal Act;