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(영문) 서울중앙지방법원 2017.08.08 2017고단2110

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2013, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch, and KRW 4 million as a fine at the Seoul Central District Court’s Seoul Central District Court on November 13, 2015.

The defendant is a person who has no driver's license.

Nevertheless, the Defendant driven a 300-meter B K5 car from around December 11, 2016 at around 02:24, while under the influence of alcohol content of 0.102% in blood, which is located in the subordinate dong of Busan-gu, Busan-do, and located in the same Dong from the next side of the department store to the front side of the hotel located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Details of driver's license revocation;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous conviction of the suspect and copies of the summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;