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(영문) 서울서부지방법원 2019.05.16 2019고단590
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 04:56 on December 21, 2018, the Defendant was under the influence of alcohol at least 0.121% of blood alcohol concentration on the roads in Mapo-gu Seoul at the front of the road to the 148-4 km north of the Han River-dong, with no number plate in the section of approximately 4.7 km from the front of the road in Mapo-gu, Seoul to the road of the old direction without a driver’s license.

2. On December 21, 2018, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) around 04:56, the Defendant operated the said obba, which was not covered by mandatory insurance on the section of approximately 4.7 km from the front road of Mapo-gu Seoul, Mapo-gu to the 148-4 Gangnam-gu, Dongdaemun-gu, Dongdaemun-gu, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of summary order;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment provided for in the provisions of Articles 40 and 50 of the Road Traffic Act between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with

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. Article 62 (1) of the Criminal Act (excluding the case of a fine in addition to the previous case);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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