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(영문) 서울중앙지방법원 2017.09.27 2017고단5210
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 5, 2013, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in the support for the development of a water source method in Ansan.

On July 4, 2017, around 21:55, the Defendant driven a DK5 vehicle under the influence of alcohol content of about 0.302% without obtaining a driver’s license, from around 234 Do in Gangnam-gu, Seoul, to around 201, the main road of Gangnam-gu, Seoul, and around 1.8 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the record of drinking alcohol measurement and a report on the circumstances of the driver involved in drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1, 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. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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