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(영문) 서울남부지방법원 2019.07.18 2019고단1952
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on December 13, 2018, the Defendant, while under the influence of alcohol by 0.211% without a car driver’s license, driven approximately 2.5 kilometers from the roads near the salt station located in the Gangseo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul to the quarter of the Nancheon-ro 18-ro 18-gil.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify a de facto survey report, a certificate of blood alcohol concentration, a driver's license register, and a non-registered vehicle;

1. Article 148-2 (2) 1, Article 44 (1), Article 154 subparagraph 1, and Article 43 of the relevant Act concerning the facts constituting an offense (which was amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act (which was operated on a motor vehicle with no mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The same sentence as the order shall be determined in consideration of the overall conditions of sentencing as shown in the pleadings of the instant case, including the reason for sentencing under Article 62(1) of the Criminal Act, driving without a license for drinking alcohol, taking a drunk test, driving a fine for drunk driving, one time prior to a fine

It is so decided as per Disposition for the above reasons.

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