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(영문) 대전지방법원 서산지원 2018.05.30 2018고단358
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On March 11, 2018, the Defendant driven a motor vehicle with a alcohol level of about 20km from around 11, 2018 to around 0.11% under the influence of alcohol level from the 20km section of the same city-nam Eup Eup/Myeon to the apartment zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Application of seizure records and list statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Driving alcohol: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, despite the punishment several times, is to be determined as per Disposition by taking into account the following factors: (a) the Defendant again committed the instant drinking and driving without a license; and (b) the Defendant is in profoundly against his/her own mistake; and (c) the Defendant reflects the Defendant’s age and sexual conduct.

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