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(영문) 서울중앙지방법원 2015.09.23 2015고단4376

도로교통법위반(음주운전)등

Text

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 October 16, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and on June 1, 2015, the Defendant issued a summary order of KRW 2 million under the same crime at the Seoul Central District Court on June 1, 2015. On June 18, 2015, the Defendant operated a vehicle with approximately KRW 200 meters from the front of “D” in Gwanak-gu, Seoul Special Metropolitan City to the road near the 324-14-dong, Seoul Special Metropolitan City, Nowon-gu, to the 200-dong, Seoul Special Metropolitan City, which is under the influence of alcohol content of KRW 0.203 percent without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A traffic accident report;

1. Registers of driver's licenses and details of suspension of drivers;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (former records and attachment of summary orders) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) for criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of without a license for 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. 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 shall be taken into consideration, such as cases where the defendant

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;