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(영문) 서울북부지방법원 2014.05.01 2014고단522

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 August 25, 201, the Defendant was sentenced to a suspended sentence of two years at the Seoul Northern District Court on the grounds of a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Non-licensed Driving). On October 29, 2010, the Defendant was sentenced to a suspended sentence of two million won at the Seoul Northern District Court on the grounds of a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Non-Exclusive Driving). From October 29, 201, the Defendant was sentenced to a fine of two million won at the Seoul Northern District Court on the ground of a violation of the Road Traffic Act (hereinafter “Non-Exclusive Driving”). The same

【Criminal Facts】

On October 28, 2011, the Defendant, without obtaining a driver’s license on a motor vehicle on October 28, 201, driving CK5 motor vehicles at approximately 50 meters away from the front of the “Malaysia” hospital located in Goyang-dong, U.S., U.S., U.S., in a state of alcohol of 0.181% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached documents of judgment, etc. of the suspension of the execution of the same kind) and statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act is not only a dangerous crime threatening not only to itself but also an unspecified number of people's lives and property. The criminal defendant was punished six times since 2008, and the criminal defendant was sentenced six times as drinking driving in the same crime in 201 but also was sentenced two years of suspended sentence in June of the same crime without a license.