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(영문) 서울남부지방법원 2016.10.20 2016고단3153

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, at the Seoul Southern District Court on August 30, 2007, received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Seoul Southern District Court on August 30, 2007, and on August 9, 2012, the same court received a fine of KRW 3 million for a violation of the Road Traffic Act (driving) and received a summary order of KRW 3 million at least twice.

Around 06:00 on June 28, 2016, the Defendant, without a driver’s license, driven a car at approximately 1 km in Seoul Guro-ro, Guro-gu, and Korea-Japan L&W driven a car at approximately 87m from apartment to the south 775 error ICT near Seoul Guro-gu, Seoul, with no driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to an investigation report (former and confirm);

1. Relevant legal provisions concerning the driving of a motor vehicle under the influence of alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a drinking operation with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant has the ability to punish multiple unauthorized drivings and drunk drivings from around 2004, and that the Defendant was punished by a fine for driving without a license on one occasion after the driver’s license was revoked in around 2012, the circumstances in which the Defendant once drinking and driving without a license are very bad.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the confessions and reflects of the defendant, the fact that there is no criminal record exceeding the fine of the defendant, etc., shall be determined by considering the circumstances favorable to the defendant, such as the age, character and conduct, and environment of the defendant.