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(영문) 서울남부지방법원 2018.06.28 2018고단483

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On December 26, 2017, at around 21:05, the Defendant driven Cchip car under the influence of alcohol leveling 0.120% while under the influence of alcohol leveling 0.120%, without obtaining a driver’s license, from the street in the vicinity of the Yangju-ju Park in Gyeonggi-do Yang-do to the street in front of the shooting distance in the Gangseo-gu Seoul Metropolitan Government Mungdong apartment.

Summary of Evidence

1. The defendant's legal statement; 1. The report on the detection of the driver at the driving, the report on the circumstances of the driver at the driving, the report on the situation of the driver at the driving, and the confirmation

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and field map;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment (the punishment provided for in a crime of violating the Road Traffic Act which has higher punishment and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following factors are taken into account: (a) the details and details of the crime of sentencing under Article 62-2 of the Criminal Act; (b) the degree of alcohol concentration in blood; (c) three criminal records due to driving and/or unlicensed driving; (d) the Defendant is seriously against his/her will; and (e) the Defendant’s age, sexual behavior, environment, etc.