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(영문) 서울남부지방법원 2015.02.26 2014고단5066
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 21, 2010, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Busan Branch on April 21, 201, and was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act at the Seoul Southern District Court's Seoul Southern District Court on September 28, 201, and violated Article 44 (1) of the Road Traffic Act at least twice.

On April 12, 2014, at around 23:02, the Defendant driven B-te motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.086% without obtaining a driver’s license from around the front of the main station in the vicinity of Gangseo-gu Seoul Metropolitan City, Yangcheon-ro 250mnz center to the front of the same Gu-ro 251 Mewz center.

Summary of Evidence

1. Defendant's legal statement;

1. Unlicensed licenses and report on the state of driving under the influence of liquor;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions: Application of all relevant statutes, such as a copy of the judgment rendered by Seoul Southern District Court 201 High Court 2366;

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 Social Service Order Criminal Act is that the criminal liability is heavy in light of the fact that the defendant was punished for the crime of drunk driving and the crime of unauthorized driving even though there are many kinds of records of punishment, etc. However, the defendant's recognition and reflects the crime, and other various sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime shall be determined as ordered by the order.

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