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(영문) 서울중앙지방법원 2017.05.17 2017고단1769
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 30, 201, the Defendant received a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking) at the Seoul Eastern District Court on November 30, 201, and a fine of KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking) at the Seoul Southern District Court on November 12, 2015.

On February 27, 2017, the Defendant driven BMW car without a vehicle driver's license within a section 1 that is around 23 km in Seoul, Dongjak-gu, Seoul, a 23-lane in front of the station under the influence of alcohol content 0.103 percent during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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