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(영문) 서울동부지방법원 2014.07.17 2014고단1296

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 November 23, 2012, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on November 23, 2012, and issued a summary order of KRW 1,50,000 as a fine in the same court on April 9, 2014.

Nevertheless, at around 22:51 on May 3, 2014, the Defendant driven B groke car under the influence of alcohol content of 0.125% without obtaining a driver’s license from the front of the restaurant where the name in Songpa-gu Seoul is unknown to the front of the restaurant, Songpa-gu, Seoul, to the front of the 220-ro, 50 meters wide-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on request for appraisal by the National Science Investigation Institute, and the register of driver's licenses;

1. Search reports on criminal records, preliminary records, reports on the results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (former and confirm);

1. Relevant Articles 148-2 (1) 1, 44 (1) and 152 subparagraph 1, and 43 of theo Road Traffic Act concerning criminal facts;

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. Article 62 (1) of the Criminal Act;

1. The sentence of Article 62-2 of the Criminal Act on probation and community service order is based on the following: (a) the person who has been punished by a fine by driving under the influence of alcohol or driving without a license for drinking, etc. two times within the last two years; (b) the person who has been punished by imprisonment in this case is relatively high; (c) the person who has no record of the punishment heavier than the punishment for the defendant; and (d) the defendant shows an attitude to reflect on his gender; and (d) the person who has committed a serious risk of recidivism in light of the previous conviction mentioned above, the execution of the sentence shall be suspended; and

It is so decided as per Disposition for the above reasons.