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(영문) 서울중앙지방법원 2017.09.27 2017고단5069
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around June 27, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) driving a B-low-income vehicle while under the influence of alcohol of about 0.184% of alcohol concentration in blood without obtaining a driver’s license from the front of the Gyeong National University of Gyeonghee University located in 23, as the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to the 74-ro, Dongdaemun-gu, Seoul, and without obtaining a driver’s license.

2. On July 9, 2017, the Defendant: (a) was under the influence of alcohol with a maximum of 0.147% alcohol concentration in blood without obtaining a driver’s license from the head of each end station station in Jongno-gu Seoul, Jung-gu, Seoul, to the end of 223:5 on July 9, 2017; (b) around 3km-ro, Jung-gu, Seoul; and (c) around 0.147% in alcohol level in blood.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of records of measurement of drinking alcohol, report on the circumstances of each driver of drinking alcohol, report on detection of the driver of drinking alcohol, record of measurement of drinking alcohol, and report on the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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

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

1. Selection of each sentence of imprisonment;

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

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

1. Despite the record of a fine for drinking in 2017 on the grounds of protection and observation and the sentencing of Article 62-2 of the Social Service Order Act, it is necessary to punish the Defendant with heavy punishment in light of the fact that the Defendant committed a drinking and a non-licensed crime twice again. However, the Defendant committed his own crime.

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