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(영문) 서울남부지방법원 2015.11.26 2015고단4232
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 March 24, 2011, the Defendant was issued a summary order of a fine of five million won by committing a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on March 24, 201, and on November 5, 2013, the Defendant was sentenced to a fine of three million won by the Seoul Western District Court on November 5, 2013.

On September 17, 2015, at around 07:40, the Defendant driven a B-to-purd vehicle under the influence of alcohol content 0.175% under the influence of alcohol without obtaining a driver’s license, from approximately 100 meters from the front of the mutually unclaimed restaurant in Gangseo-gu Seoul Metropolitan Government, to the front day of the e-mail located in the 53-ro, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to criminal records, name of a criminal suspect, and written judgment of the same criminal suspect);

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. Mitigation of discretionary punishment under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that only a fine has been imposed);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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