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(영문) 서울중앙지방법원 2015.09.23 2015고단3720

도로교통법위반(음주운전)등

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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 February 28, 2014, the Defendant was notified of a summary order of a fine of three million won for a violation of the Road Traffic Act in the Sungnam branch of Suwon District Court, and on December 24, 2014, the Defendant was notified of a summary order of a fine of three million won for a violation of the Road Traffic Act in the Sungnam branch of Suwon District Court.

On May 8, 2015, the Defendant, without obtaining a driver’s license at around 02:01, driving a vehicle of approximately 2 km G lerober in Seocho-gu Seoul, Seocho-gu, Seoul, with approximately 0.156% alcohol concentration while under the influence of alcohol at around 0.156%.

As a result, the defendant was punished as a drinking driving more than twice, and again was driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The fact-finding report and the fact-finding report;

1. Investigation reports (Attachment to the register of driver's licenses);

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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 as a matter of choice (the punishment shall be heavy for committing the instant crime within a short period of time, even though the person had been able to drive under drinking, as stated in the judgment of two times 2014);

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act reflects the mistake of one's own identity, there is no criminal conviction or heavier,

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;