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(영문) 서울남부지방법원 2016.06.02 2016고단1240

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2008, the Defendant issued, at the Incheon District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act, on September 13, 2013, a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and on November 16, 2015, a summary order of KRW 8 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 2015.

On March 21, 2016, the Defendant: (a) from 21:20 Gambak-si, Gyeonggi-gu, Seoul, to the front road of the 3km-dong 130-42, the Defendant was driving a HG car without obtaining a driver’s license; (b) the Defendant was under the influence of alcohol concentration of 0.079% during blood while driving a HG car without obtaining a driver’s license from around 3km-dong 330-42, Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the situation of driving and an explanatory note;

1. The driver's license ledger (A);

1. (A) and the application of Acts and subordinate statutes on inquiry, such as criminal history, etc. (A);

1. A driver's license under Article 148-2 (1) 1 or 44 (1) of the Road Traffic Act for a crime: Article 152 subparagraph 1 or 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant has a variety of records of the same kind of power, and the driving of drinking again is not good even after the driver's license is revoked.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's confession and reflectness, and the fact that the drinking volume of the defendant was relatively higher than 0.079%, etc., shall be determined in full view of the circumstances favorable to the defendant and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior

order for any reason above.