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(영문) 서울서부지방법원 2017.03.30 2017고단181
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On December 11, 2016, the Defendant was under the influence of alcohol content of 0.265% during blood transfusion around 08:10 on December 11, 2016, the Defendant driven BM7 car at the section of approximately 1km from the dong Tridong in Mapo-gu, Seoul to the 1-third degree of 00 m (Seoul Mapo-gu) and the front day of the road.

2. Defendant 1 driven the said passenger vehicle without obtaining a driver’s license at the same time and place as the above 1. Paragraph 1. of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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 fact that there was a history of punishment for driving under drinking once for the reason of sentencing under Article 62-2 of the Criminal Act, as well as the fact that the person committed a second offense as long as it was controlled by driving under self-driving on August 18, 2016, the fact that the amount of alcohol concentration in the blood is considerably high, and other circumstances such as the background of driving, driving distance, and circumstances after the crime should be taken into account.

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