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(영문) 서울중앙지방법원 2016.04.06 2016고단563

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on December 8, 201, and KRW 5 million for the same crime at the Seoul East District Court on October 4, 2013.

On January 6, 2016, at around 23:27, the Defendant driven a BS-type car without a driver’s license in the state of alcohol alcohol concentration of about 0.173% from the 1km section from the SP-dong Education Development Institute of the Seocho-gu Seoul Metropolitan Government to the road of about 1239-14, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on confirmation of criminal history of the case

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 (including the above circumstances);

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;