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(영문) 서울중앙지방법원 2014.11.28 2014고단7878
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 July 16, 2010, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on July 16, 201, and on July 9, 2014, the Seoul Western District Court issued a summary order of 4 million won for the same crime.

On September 21, 2014, around 22:30 on September 21, 2014, the Defendant driven a liquid car B with the alcohol concentration of about 0.124% without a driver’s license in the 3km section from the front day of Jung-gu Seoul Metropolitan Government Jung-gu Central Institute of Arts to the front day of the Jongno-gu Seoul Jongno-ro 5-ro Cultural Institute.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each photograph;

1. Registers of driver's licenses;

1. Investigation report (suspects' statements and the formal application of the Ba mark);

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and the fact that he/she has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;

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