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(영문) 서울중앙지방법원 2015.05.08 2015고단1658

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 January 23, 2015, at around 03:30, the Defendant driven a B-Adi vehicle with approximately 30 meters alcohol concentration of 0.110% under the influence of alcohol without a driver’s license on the front road of the area beyond the jurisdiction of the Seocho-gu Seoul Metropolitan Area, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement on the circumstantial statement of the employee;

1. Notification of the results of drinking test and the results of drinking control;

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

1. Relevant provisions of Article 148-2 (2) 2, 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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment heavier than punishment and a punishment prescribed for a violation of the Road Traffic Act due to a drunk driving);

1. Selection of a sentence of alternative imprisonment [the defendant shall be considered in the Seoul Central District Court on December 2, 201, a fine of three million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (doing vehicles) at the Seoul Central District Court on April 8, 201, a fine of one million won due to a violation of the Road Traffic Act (Free Driver's License) at the same court on April 8, 201, and a fine of five million won due to a violation of the Road Traffic Act at the same court on December 4, 2014, and again commits the instant crime in a short period despite the fact that the same court issued a summary order of a traffic crime at several times on December 4, 2014, and that the serious

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

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