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(영문) 서울동부지방법원 2014.06.11 2014고단1076

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 July 11, 2013, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch, and on July 12, 2013, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Jungyang Branch's Goyang Branch's Goyang Branch's High Court.

On March 11, 2014, at around 22:30, the Defendant driven a BSP car without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.123% from the 20km section of the Songpa-gu Seoul Olympic road to the 435 (Sacheon-dong and Sastio).

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (not less than twice a drunk driving), 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 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 (see, e.g., reflectiveness, the fact that there is no criminal record of suspended execution or heavier punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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