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(영문) 서울중앙지방법원 2014.12.17 2014고단8311

도로교통법위반(음주운전)등

Text

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

[criminal power] On December 9, 2013, the Defendant was issued a summary order of KRW 1 million on the grounds of a violation of the Road Traffic Act at the Seoul Central District Court, and a fine of KRW 3 million on June 25, 2014 on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 16, 2014, at around 02:30, the Defendant, without a car driver’s license, driven the above car at about 500 meters from the 6rd of the water complex urban development apartment complex in Gangnam-gu Seoul, Gangnam-gu, without a car driver’s license, to the 395-4 lower of the Gangnam-gu, Jamble Ga, and continued to drive the above car at about 50 meters from the 3rd of the 3rd of the 3rd of the 1st floor of the ground to the lower of the entrance of the first floor.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 (it shall take into consideration the circumstances, such as the fact that there is no record of punishment other than the punishment of a fine twice);

1. Article 62-2 of the Criminal Act for community service and order to attend lectures;