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(영문) 서울동부지방법원 2017.07.05 2017고단1247

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2014, the Defendant was charged with a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on November 23, 2016, a fine of KRW 5 million for a violation of the Road Traffic Act (dacting driving) at the Seoul Eastern District Court on April 7, 2017, and a fine of KRW 6,00,000 for a violation of the Road Traffic Act (dacting driving) at the Seoul Eastern District Court on April 7, 2017.

On February 16, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 12:39 on February 16, 2017, driven a Bra vehicle owned by the Defendant under the influence of alcohol with approximately 0.132% alcohol concentration in blood at a section of approximately 1km from the roads near the Seoul Medical Center located in Samsung-dong, Gangnam-gu, Seoul to the roads south of the same Gu Cheonggudong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and the driver's license register;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Article 40 or 50 of the Criminal Act of the ordinary concurrent crimes. (Selection of imprisonment with prison labor due to a crime of drinking heavier than punishment);

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

1. The Criminal Act, such as the observation of protection, etc.;