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(영문) 서울동부지방법원 2015.11.12 2015고단2747

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

[criminal power] On May 4, 2010, the Defendant issued a summary order of KRW 2 million at the Seoul Central District Court for a crime of violation of the Road Traffic Act (driving). On April 11, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 24, 2015, at around 21:20, the Defendant driven a B-ben sport car with a blood alcohol concentration of 0.075% without obtaining a driving license from the Gangnam-gu Seoul Metropolitan Government to the front of the sports complex located in 44, Songpa-gu, Seoul Olympic Games.

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the following circumstances: (a) the Defendant’s liability for the crime is unlimited in light of the following: (b) the Defendant’s confession and reflects himself; (c) there is no previous conviction exceeding a fine; and (d) the blood alcohol concentration at the time of the instant case is not high, considering the following circumstances: (a) the Defendant’s history of having been punished for the same kind and type of crime is regulated by the Road Traffic Act as a crime of violation of the Road Traffic Act even on May 9, 2015; and (b) the order of summary of a fine of seven million won was issued by the District Court of the Republic of

1. Probation and community service order under Article 62-2 of the Criminal Act;