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(영문) 서울중앙지방법원 2014.09.03 2014고단4708

도로교통법위반(음주운전)등

Text

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

[criminal power] On May 16, 2003, the defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 28, 2005 at the same court on January 28, 2005, a fine of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the same court on November 28, 2008, and on April 8, 201, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 6, 2014, at around 23:26, the Defendant driven a B-confluent car with approximately approximately 500 meters alcohol concentration 0.087% under the influence of alcohol without a driver’s license from the Seocho-gu Seoul Seocho-gu Office to the front side of the Seocho-gu Seocho-gu Office.

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 control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the circumstances, such as the fact that the person reflects his/her mistake and that there is no record of punishment exceeding the fine);

1. Article 62-2 of the Criminal Act for community service and order to attend lectures;