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(영문) 서울남부지방법원 2014.05.23 2013고단4437

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

On January 22, 2008, the Defendant was sentenced to a fine of 700,000 won due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on January 22, 2008, and a summary order of 1 million won due to a violation of the Road Traffic Act (driving) at the same court on May 19, 201, and on January 4, 201, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act (driving).

On October 23, 2013, the Defendant, while under the influence of alcohol of 00:24% of blood alcohol concentration, driven the Do SM5 car from the front day of the Gawing-dong, Guro-gu, Seoul without a driver’s license to the 150-13 Dominsan-dong, Geumcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service businesses under Article 62-2 of the Criminal Act;