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(영문) 서울동부지방법원 2013.05.08 2013고단710

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 24, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on April 3, 2009, a fine of 2.5 million won for the same crime at the Seoul Eastern District Court on April 3, 2009, and a fine of 2.5 million won for the same crime at the Seoul East East Eastern District Court on November 7, 201, and on January 10, 201, the Defendant was sentenced to a summary order of 2.5 million won for the same crime at the Seoul East Eastern District Court on January 10, 2013 and was sentenced to a suspended sentence of two years for one year for the same crime at the Seoul Eastern District Court on January 18, 2013,

On February 15, 2013, at around 20:30, the Defendant driven a DNA car with a blood alcohol concentration of 0.128% under the influence of alcohol without obtaining a driving license from around 2km section of approximately 134-19, Jung-dong, Jungdong, Seoul, to the road of approximately 134-19.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Traffic accident reports, traffic accident reports, accident occurrence reports, accident accident reports, accident reports on drinking drivers, reports on the state of standing and statement of drivers, register of driver's licenses for automobiles, and accident inquiry reports;

1. Previous records: Inquiry reports, such as criminal records, references to criminal records, report on the results of confirmation of the previous dispositions, and application of certified copies of written judgments;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”), including the criminal records in the judgment of the defendant, has a large number of same kind of power as well as the reason for sentencing, as well as the crime of violation of the Road Traffic Act, etc., which became final and conclusive on January 18, 2013, and the judgment of probation is still under suspension of execution, and thus, it is not well-known from that date and one month has not elapsed.