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(영문) 서울동부지방법원 2019.10.07 2019고단2564

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

On February 29, 2016, the Defendant issued a summary order of KRW 4 million at the Seoul Western District Court for a violation of the Road Traffic Act, and on August 4, 2017, the Seoul Eastern District Court issued a summary order of KRW 4 million for a violation of the Road Traffic Act.

On June 13, 2019, around 06:10 on the road in Songpa-gu Seoul Metropolitan Government, the Defendant driven a Matri motor vehicle under the influence of alcohol concentration of about 0.069% without a car driver’s license at the section of approximately 1km from the front of Songpa-gu to the underground parking lot of the same C apartment Ddong.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Inspection and investigation reports on the results of the drinking driving control (related to the re-determination of the property associated with the Radmark following drinking after the driving of the accused);

1. Previous records: Criminal history records, and the application of statutes;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;