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(영문) 서울남부지방법원 2014.05.15 2014고단1061

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 10, 2012, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Incheon District Court’s Busan District Court’s Branch, and a summary order of KRW 5 million as a fine at the Seoul Central District Court’s Seoul Central District Court’s same crime on May 8, 2013, respectively.

On March 26, 2014, at around 23:00, the Defendant driven BMW car without obtaining a driver’s license from the section of about 3 km of approximately 0.126% of blood alcohol content from the road around the Guro-gu Seoul Metropolitan Government Guro-gu, Guro-gu, Seoul to the same light-ro 331 (Opening-dong) street opening to the front road of the death distance.

Accordingly, the defendant driving a car in the state of drunk not less than twice, and driving a car in the state of drunk again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of investigation reports (limited to criminal records of the same kind of suspect and attachment of summary orders);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;