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(영문) 서울동부지방법원 2017.07.13 2017고단1417

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 February 24, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seoul Northern District Court on August 24, 2012. On June 17, 2015, the Seoul Central District Court issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 24, 2015.

On April 20, 2017, around 13:11, the Defendant driven CFD car with alcohol concentration of about 0.216% while drunk without obtaining a driver’s license from Seongdong-gu Seoul and 102 East to the front door of about 103 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Registers of inquiry into the association of the main office and driver's licenses;

1. An accident scene photograph;

1. Application of an inquiry letter, such as criminal history, and an investigation report (attached report, such as a summary order) Act 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. 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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant misleads the defendant and repents it, distance from the place and

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2) of the Social Service Order Act, and Article 59 of the Act on the Observation, etc. of Protection;