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(영문) 서울중앙지방법원 2016.11.30 2016고단7538
도로교통법위반(음주운전)등
Text

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

The Defendant issued a summary order of KRW 1.5 million at the Suwon District Court on May 14, 2013 to a fine of KRW 3 million for a violation of the Road Traffic Act, and a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on September 4, 2014.

1. While the Defendant was punished twice for a violation of the Road Traffic Act (driving) as stated in the foregoing crime electrical power, the Defendant driven a bM car with approximately 1.5 km from the front side of the Seocho-gu Seoul Howondong Station to the road of about 62-9, Gangnam-gu, Seoul, under the influence of alcohol concentration of 0.136% on September 24, 2016, while under the influence of alcohol around 12:20% on September 24, 2016.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of a passenger vehicle on the day and at the place specified in the preceding paragraph, approximately 1.5 km without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on attachment of criminal records of the same kind as a suspect) Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

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

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

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