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(영문) 서울중앙지방법원 2014.03.14 2014고단364

도로교통법위반(음주운전)등

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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

On August 1, 2011, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Seoul Southern District Court on August 1, 201, and was sentenced to a fine of three million won by the same court on September 10, 2013.

On December 28, 2013, at around 00:23, the Defendant driven C physical-person car under the influence of alcohol leveling 0.208% without obtaining a driving license for about 6km from the roads near the Guro Digital Group located in Guro-gu Seoul Metropolitan Government to the roads 1605-5, Youngcheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports, and Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;