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(영문) 서울남부지방법원 2019.02.19 2018고단5505
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:44 October 2018, the Defendant driven a Rail car with a blood alcohol concentration of 0.274% without obtaining a driver's license from the front side of Guro-gu Seoul to the front side of Geumcheon-gu Seoul Metropolitan Government, with a blood alcohol concentration of 0.274% without obtaining a driver's license.

On October 12, 2017, the Defendant issued a summary order of KRW 4 million at the Seoul Southern District Court for the violation of the Road Traffic Act (Regulatory). On October 12, 2018, the Defendant controlled police officials on the same crime on October 12, 2018.

On October 28, 2018, at around 23:28, the Defendant driven a Rad-car without a car driver’s license, while under the influence of alcohol concentration of about 0.082% without a car driving license, from around 150 meters away from the later side of the F School located in Guro-gu Seoul Metropolitan Government to the G G-si.

Summary of Evidence

"2018 Highest 5505"

1. Defendant's legal statement;

1. A certificate of drinking alcohol measurement, a report on the state of drinking drivers, and a report on the state of drinking drivers;

1. The register of driver's licenses for motor vehicles: 2018 Highest 6088;

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The fact that the probation, community service order, and order to attend education do not have any criminal record of the suspended sentence of punishment under Article 62-2 of the Criminal Act is favorable to the defendant, or the drinking driving is done within a short

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