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(영문) 서울중앙지방법원 2018.08.22 2018고단3789
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 29, 2018, at around 19:42, the Defendant driven a 2.5 kilometer car in the section from the front of the old-powered fishery market in Dongjak-gu Seoul Metropolitan Government Nowon-gu to the front road of the 100 Nowon-gu Nowon-gu Seoul Nowon-gu Seoul Nowon-gu, without obtaining a driver’s license from around 2.5 kilometers, while under the influence of alcohol concentration of 0.221% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. A written statement on the occurrence of traffic accidents;

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate 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; Articles 152 subparagraph 1 and 43 of the Road Traffic 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. The reason for sentencing under Article 62(1) of the Criminal Act is significantly high in the number of reasons for sentencing.

There are criminal records of the same drinking and non-licensed fine.

The health status of defendants is not good.

It shows the attitude to recognize and reflect crimes.

Considering such various circumstances, the sentencing conditions of the defendant, including the age, sex, environment, background of the crime, and circumstances after the crime, shall be determined as ordered.

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