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(영문) 서울중앙지방법원 2014.02.14 2012고단5679
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

【2012 Highest 5679】 The Defendant, without obtaining a driver’s license, driven a BFD car at the section of approximately 200 meters from the front of the Cheongdamdong-dong, Gangnam-gu, Seoul to the road of about 87-11, while under the influence of alcohol level of 0.142% on August 28, 2012.

[Attachment 55] On November 20, 2006, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 5 million at the Seoul Central District Court on September 27, 2012 as a crime of violation of the Road Traffic Act (driving) in the leisure branch of Suwon District Court around November 20, 2006, and a summary order of KRW 5 million with a fine of KRW 1 million at the Seoul Central District Court on September 27, 2012.

On October 27, 2012, under the influence of alcohol 0.108%, the Defendant, without obtaining a driver’s license, driven a BFD car from approximately 5km in the section of about 5km, from the roads near the sub-deuk Station located in the sub-Eup of Seoyang-si, Namyang-si to the roads 238-5, Kuyang-si, Seoyang-si.

Summary of Evidence

[Fact of 2012 Highest 5679]

1. Statement of the police suspect interrogation protocol against the accused;

1. Descriptions of the circumstantial statement of the driver and the report on detection of the driver; and

1. Entry in the register of driver's licenses (the fact under subparagraph 55 of the upper end of 2013);

1. Statement of the police suspect interrogation protocol against the accused;

1. Inquiries about the results of crackdown on drinking driving, and entries in the circumstantial report of drinking drivers (investigative Records No. 9 pages);

1. Entry in the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes in which references to criminal records and references to criminal records and reports on the results of confirmation of dispositions are recorded;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a drunk driving on August 28, 2012), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a drunk driving on October 27, 2012) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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