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(영문) 서울동부지방법원 2017.07.06 2017고단1503
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2017, at around 15:32, the Defendant operated a bicycle with approximately 100 meters alcohol concentration CCA110V device under the influence of alcohol 0.122% without obtaining a motor device bicycle driver's license in the section of about 100 meters from the underground of the village in Songpa-gu Seoul Metropolitan Government Gamdong to the northwest of the 897 Gambbin market, as well as from the northwest of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and application of statutes, such as the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (a license for a bicycle driver) and the crimes of violating the Road Traffic Act, and punishment provided for the crimes of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, the sentence as ordered shall be determined as above.

The fact that the defendant has the same power in depth is against the defendant.

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