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(영문) 서울남부지방법원 2015.09.03 2015고단2525

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 October 15, 2002, the Defendant issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Southern Branch of Seoul District Court on August 15, 2002, and on August 6, 2008, a fine of KRW 2,00,000 as a penalty for a violation of the Road Traffic Act (driving) at the Seoul Southern Branch District Court on August 6, 2008, and on September 30, 2010, the Defendant was sentenced to a suspended sentence of two years for a year.

On March 26, 2015, the Defendant, who violated the prohibition of driving under the influence of alcohol at least twice without obtaining a driver’s license of a motor vehicle, and was under the influence of alcohol at least 0.092% of the blood alcohol level again, driving Bone Star Motor Vehicle in approximately 2 km from the Chinese restaurant located on the land of Echeon-si to Echeon-si East-dong Highway located in Echeon-si, Echeon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. A copy of each summary order and the application of Acts and subordinate statutes; and

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;