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(영문) 서울남부지방법원 2015.09.17 2015고단1110

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 16, 201, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on February 16, 201, and on December 5, 2014, a summary order of KRW 4 million by a fine at the Seoul Central District Court on December 5, 2014.

On December 29, 2014, at around 23:10 on December 29, 2014, the Defendant driven the B New-Woon-Wurn-Wed-Wed-ro 132 in front of the Seoul Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul under the influence of alcohol content of 0.137% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (reports attached to the same criminal records as suspects' attached thereto);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., very short driving distance in this case and considering that the accused has a criminal record of a fine only);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;