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(영문) 서울남부지방법원 2018.12.18 2018고단4820
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

[criminal record] On November 25, 2009, the Defendant issued a summary order of two million won to a fine in violation of the Road Traffic Act at the Suwon District Court's House on November 25, 2009. On October 15, 2015, the Defendant issued a summary order of four million won to a fine in violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Branch Branch on October 15, 2015.

[2] On August 22, 2018, the Defendant driven BKan-Pack’s vehicle under the influence of alcohol concentration of 0.176% in blood without a vehicle driver’s license at the section of approximately 0.1km from the front day of the Geumcheon-gu Seoul Metropolitan Government Moitro 52 Sinsan, to the front day of the 53 luitius luitius in Geumcheon-ro, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. An explanatory note;

1. The driver's license ledger;

1. Previous conviction in judgment: To inquire about criminal history and apply a copy of each summary order to Acts and subordinate statutes;

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

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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