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(영문) 서울남부지방법원 2014.02.10 2014고단124

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for nine months.

except that 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

On August 17, 2012, the Defendant was issued, at the Seoul Eastern District Court, a fine of three million won for a violation of the Road Traffic Act, and on December 13, 2012, by the Seoul Central District Court, a summary order of seven million won for a violation of the Road Traffic Act.

On November 5, 2013, at around 02:05, the Defendant driven BM5 car under the influence of alcohol content of 0.155% without obtaining a driver’s license from the area of 10km to the point of 401.8km from the vicinity of the Yan-si Si, Chungcheongnam-si to the Manam-gu, Sungnam-si to the point of 401.8km.

As a result, the Defendant was driving a motor vehicle without a driver's license under the influence of alcohol, when the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Criminal records, investigation reports (written confirmation of records of drinking driving at least twice), and application of each summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant reflects his

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