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(영문) 서울동부지방법원 2019.01.09 2018고단3700

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for one year, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

On January 25, 2013, the Defendant received a summary order of KRW 2 million from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act. On September 14, 2018, the Defendant received a summary order of KRW 5 million from the same court as a crime of violation of the Road Traffic Act.

On October 18, 2018, at around 22:08, the Defendant driven a Dominc-cuber car without obtaining a driver’s license from the Songpa-gu Seoul Underground Parking Lot to the front road of the same Gu, and without obtaining a driver’s license from around 2 km section, while under the influence of alcohol concentration of 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. Details of a report on the situation of driving on a motor vehicle and disposition of cancellation of driver's license;

1. Application of statutes concerning criminal records;

1. Articles 148-2 (1) 1, 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

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

1. Probation, etc. under the Criminal Act;