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(영문) 서울중앙지방법원 2015.07.17 2015고단3363

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 August 31, 2007, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on June 13, 2008, KRW 3 million as a fine for the same crime at the same court on June 13, 2008, and KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on January 22, 2014.

On May 29, 2015, at around 15:18, the Defendant driven CM5 car at a approximately 5km section without a driver’s license, while under the influence of alcohol from the street in front of Yongsan-gu Seoul, Yongsan-gu, Seoul to the street of 128-ro 59, Gangnam-gu, Seoul, for about 0.123% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by summary order);

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

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 work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and the fact that he/she has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

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