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(영문) 서울중앙지방법원 2018.08.31 2018고단3689

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four 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 May 29, 2018, at around 06:00, the Defendant driven a DNA car in the state of alcohol alcohol concentration of 0.146% while under the influence of alcohol without obtaining a driver's license from the front of the Seoul Gangnam-gu, Gangnam-gu, Seoul, to the road of about 3km 534 in the same Gu.

Summary of Evidence

1. Defendant’s legal statement

1. To apply Acts and subordinate statutes to the ledger of drinking results and driver's licenses;

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. 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 suspension of execution (i.e., confession and record of crimes);