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(영문) 인천지방법원 2019.07.16 2019고단1087
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 7, 2018, at around 23:24, the Defendant driven an ES 350 bluse vehicle while under the influence of alcohol leveling 0.127% without a car driver’s license from approximately 250 meters from the road near the Gyeonggi-si B market to the front road in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, and considering the previous case and the fact that only one time has passed before the fine is imposed);

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

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