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(영문) 서울동부지방법원 2018.01.10 2017고단3727
도로교통법위반(음주운전)등
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 November 5, 2017, the Defendant driven a car driver’s license in a section of about 20 meters of alcohol concentration of 0.182%, without obtaining a car driver’s license, from the parking lot in Songpa-gu Seoul, 53 Kashion Gaz, to the front day of the 55 C&WnF Gazk-ro Gazker in the same Gu. The Defendant was under the influence of alcohol concentration of 0.182% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the ledger of records on the measurement of drinking alcohol, reports on detection of drivers;

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

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

1. Imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act of the suspended execution ( majority of the criminal records caused by illegal operation of vehicles, such as drinking and non-licensed driving, etc.);

On October 13, 2017, while under the influence of alcohol content 0.277% in blood, a person was punished by a fine of KRW 8 million in around October 13, 2017. However, on November 5, 2017, he/she once driven under the influence of alcohol content 0.182% in blood while he/she was under the influence of alcohol.

Confessions, reflections, and clear social ties, consideration was given to each of the favorable circumstances.

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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