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(영문) 대전지방법원 천안지원 2019.01.31 2018고단1219

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 9, 2018, at around 23:40, the Defendant driven an EK5 vehicle from the front side of the Dong-gu Seoul Metropolitan City to the front side of the D convenience store located in the Dong-gu Seoul Metropolitan City, Yan-gu, Yandong-gu, Yandong-gu, with the influence of alcohol level of 0.136% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of the Act and subordinate statutes on the Registers of Motor Vehicle Drivers' Licenses (A-Revocation);

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act;

1. Consideration of the fact that an order to attend a lecture again was served due to a traffic accident for drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, including the fact that an order to attend a lecture again was served, the driving distance of the vehicle, and the occurrence of an accident