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(영문) 서울서부지방법원 2018.11.15 2018고단2780
도로교통법위반(음주운전)
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 July 29, 2018, at around 22:40, the Defendant driven a car with Burstom in the state of alcohol with approximately 100 meters alcohol concentration at approximately 0.184% from the road near the Eunpyeong-gu Seoul Metropolitan Government 427-1, to the road near the Gu 264-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a response to a request for appraisal and a report on detection of a primary driver;

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

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

1. Selection of imprisonment with prison labor, considering the fact that the grounds for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures have a number of records of having been punished for drinking and driving without a license during the period from 2002 to 2009, however, considering the fact that there is no record of having been punished since 2010, the punishment as ordered shall be determined.

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