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(영문) 서울중앙지방법원 2017.05.17 2017고단1845

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2012, the Defendant was sentenced to a fine of one million won or more for a crime of violating the Road Traffic Act at the Seoul Central District Court on April 20, 2012, and a fine of 4.5 million won or more for the same crime at the same court on April 4, 2016.

On March 3, 2017, around 04:16, the Defendant driven a motor vehicle with Bnib in the state of alcohol alcohol concentration of 0.069% under the influence of alcohol without obtaining a driver's license from the Lao distance located in the V-dong, Gangnam-gu Seoul Metropolitan Government to the 542 front roads, according to the former bankruptcy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving and data concerning notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of two copies of an inquiry letter, such as criminal history, investigation report (verification of the same past record), summary order;

1. The phrase “Article 148-2(2)1 of the Road Traffic Act” in the indictment pursuant to Article 148-2(1)1 of the Act on the Traffic of Roads appears to be a clerical error in the indictment pursuant to Article 148-2(1)1 of the Act on the Traffic of Roads.

Article 44(1)(d)(d)(d)(1), Article 152(1) and Article 43(d)(D)(D)(D)(D)(D)(D)(D)(D)(D)(D

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;