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(영문) 서울동부지방법원 2014.10.01 2014고단2330

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 10, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul East Eastern District Court, and KRW 5 million as a fine in the same court on March 14, 2014.

【Criminal Facts】

On August 6, 2014, at around 02:33, the Defendant driven a ecoo vehicle under the influence of alcohol of about 0.110%, without obtaining a driver’s license, from the front of the Hyundai Apartment in Gwangjin-gu Seoul Special Metropolitan City, to the front road of about 1.5 km-ro, Gangdong-gu, Seoul.

Accordingly, the Defendant, who had a drunk driving twice or more, once again driven a motor vehicle without a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous records before ruling: Criminal records, etc., an inquiry report, an investigation report (the second checking of sound records on two occasions), and application of two copies of a summary order under Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (not less than twice a drunk driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness, the fact that there is no criminal record of suspended execution or heavier punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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