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(영문) 서울중앙지방법원 2015.04.29 2015고단1002
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 14, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 14, 2008, KRW 1 million as a fine for the same crime at the Seoul East East District Court on April 27, 201, and KRW 7 million as a fine at the same court on May 30, 201.

On January 28, 2015, at around 00:16, the Defendant, at the front parking lot located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, driven a car re-scheduled in C in the state of about 300 meters alcohol concentration 0.132% without a car driver’s license from the section of about 300 meters in front of the mutual influorial main office located in Seocho-gu, Seocho-gu, Seoul to the 55

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver without any license, and the report on the circumstances of the driver without any license;

1. Investigation report (report appended to the ledger of driver's licenses of suspects);

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (report on attachment of the same kind of force for driving a suspect under influence);

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. Probation and community service order under Article 62-2 of the Criminal Act;

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