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(영문) 서울동부지방법원 2015.01.22 2014고단592

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

On March 4, 2014, at around 00:08, the Defendant driven a golf car under the influence of alcohol with approximately 30 meters alcohol level 0.107%, without obtaining a driver's license, from the section of about 30 meters from the front side of the Gaak apartment located in Songpa-gu Seoul Metropolitan Government, to the front side of the Gaak apartment located in 32-lane 15, as in the same Gu.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement made under the circumstances of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act due to a heavier drinking operation, shall be imposed, but choice of imprisonment shall be imposed);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the defendant was issued a summary order of KRW 1 million at the Changwon District Court on March 21, 2003, a fine of KRW 1.5 million on May 10, 201, a fine of KRW 1.5 million on May 7, 200, a fine of KRW 1.5 million at the Changwon District Court on May 7, 2004, a fine of KRW 300,000 on April 29, 2005, a fine of KRW 2 million on December 12, 2011, and a fine of KRW 2 million on April 29, 2005, and a fine of KRW 2 million on December 12, 2011, and the same does not apply to the crime that the defendant operated the vehicle in this case under the influence of drinking without permission on a relatively high level.

However, the fact that the defendant committed the crime in the police and repents his mistake, the driving distance is not long, there is no record of punishment for the violation of the Road Traffic Act due to the drinking driving near the recent four years, and there is no criminal record of probation or higher, etc. shall be considered as circumstances favorable to the defendant, and the age, character and conduct of the defendant are considered as favorable to the defendant.