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(영문) 서울동부지방법원 2015.04.01 2015고단351

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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 4, 2002, the Defendant received a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court. On July 13, 2012, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul East East District Court, and on November 23, 2012, at the Ansan Branch Branch of the Suwon District Court, the Defendant received each summary order of one million won for a violation of the Road Traffic Act (licensed Driving).

【Criminal Facts】

At around 16:49 on January 24, 2015, the Defendant, at a restaurant where it is impossible to know the trade name in the Dolle-dong of Sungnam-si, and at around 400 meters from the 1576, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.112% without obtaining a driver’s license from the cafeteria to the 1576 front road of Songpa-gu, Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and summary order statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Order to attend lectures under Article 62-2 of the Criminal Act;