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(영문) 서울동부지방법원 2014.09.04 2014고단1511
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

The Defendant was sentenced to a fine of KRW 1.5 million at the Seoul Southern District Court on July 25, 2007 as a crime of violation of the Road Traffic Act, and a fine of KRW 3 million at the Seoul Eastern District Court on August 2, 2013 as the same crime.

On April 22, 2014, the Defendant, without obtaining a driver’s license on April 23:48, 2014, driven a DNA rocketing car with the blood alcohol concentration of approximately 0.169% from the parking lot located near the 105 ice hotel in Songpa-gu, Seoul to the 105 neighboring roads as in the same Gu.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, report on the status of driving under drinking, report on the status of driving under driving under drinking, report on the request for appraisal, and report on the status of a driver under drinking;

1. Registers of driver's licenses, and car4;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act due to a heavier drinking operation, and the choice of imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the first sentence for sentencing") is that the defendant was punished twice for the violation of the Road Traffic Act, such as the first head of the judgment only after 2007. On March 20, 2014, the Seoul Southern District Court issued a summary order of KRW 1 million for the violation of the Road Traffic Act at the Seoul Southern District Court, without being aware of the fact that the defendant had been sentenced to the summary order of KRW 1 million for the violation of the Road Traffic Act, and the drinking water is also highly high.

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