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(영문) 서울남부지방법원 2015.07.09 2015고단2095

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 September 18, 2006, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on April 5, 2013, a summary order of KRW 4 million was issued from the Seoul East East District Court to a fine of KRW 5 million for a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more due to drunk driving, on May 9, 2015, at around 23:05, the Defendant driven B SP car under the influence of alcohol concentration of about 0.092% without a car driver’s license, from around 30 meters from the front day of the NFE in Sungnam-gu, Sungnam-gu, Sungnam-gu to the front day of the swimmingel located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (report accompanied by the same criminal records and summary orders);

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

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case, even though he had been punished three times for the crime of drinking driving and two times for the crime of driving without a license, etc., the criminal liability is heavy. However, the fact that the defendant recognizes and reflects the crime, there is no record of punishment exceeding the fine, and there is no record of punishment exceeding the fine, and the punishment is determined as ordered in consideration of all the conditions of sentencing such as the defendant's age, character and behavior, environment, and circumstances