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(영문) 서울북부지방법원 2018.02.22 2017고단5436
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 17, 2017, around 03:48, the Defendant driven a B B B B B B B B-B-W-type car under the influence of alcohol content of at least 0.191% without a driver’s license from the section of about 480 meters from the street in the vicinity of the Seosung Women’s University, Dobong-gu Seoul, Seoul, to the 4.19-14-day street.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the circumstances of the driver at home, a report on detection of the driver at home, and the register of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant again committed the instant crime even though he/she had the past record of being punished by a fine due to the refusal of alcohol measurement, unauthorized driving, drinking driving, etc. at the time of the instant crime, considering the fact that the blood alcohol concentration is very high at the time of the instant crime, the occurrence of traffic accidents, etc. disadvantageous circumstances such as the Defendant’s acknowledgement of the instant criminal facts and the mistake, the Defendant has no record of punishment exceeding the past fine, and there is a family member to support the Defendant.

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