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(영문) 서울북부지방법원 2017.12.14 2017고단4428
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 October 13, 2017, the Defendant driven D SM car at approximately 200 meters away from the road in front of Seoul Jung-gu, Seoul, with alcohol concentration of 0.307% without obtaining a driver's license around 23:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, making a statement on the circumstances of the driver, and applying statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant again committed the instant crime despite the fact that he/she was punished by a fine on one occasion due to driving of alcohol and refusing to measure drinking in the past; (b) the fact that the amount of alcohol concentration in blood at the time of the instant case is very high; (c) the Defendant recognized the instant criminal facts; (d) there was no record of punishment exceeding the past fine; and (e) there was a old mother who should support the Defendant.

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