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(영문) 서울중앙지방법원 2013.09.11 2013고단4119
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

[criminal power] On May 26, 2010, the Defendant received a fine of one million won as a crime of violation of the Road Traffic Act at the Seoul Central District Court on May 26, 201, and a summary order of 1.5 million won as a fine in the same court on August 31, 201.

【Criminal Facts】

On June 26, 2013, the Defendant, while under the influence of alcohol with 0.10% of blood alcohol concentration, driven a motor vehicle without obtaining a driver’s license, in approximately 100 meters away from the road front of the pressure-gu, Gangnam-gu, Seoul to the front road at approximately 422, the same pressure-gu, Seoul.

Accordingly, the Defendant, who had been punished not less than twice due to drinking driving, was driving without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notifications of the results of drinking control and circumstantial reports of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to references to criminal records and investigation reports (including a copy of a summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times due to drunk driving or unlicensed driving, but the crime of this case is not good in light of the fact that the defendant committed the crime of this case within the short term, but it is against the defendant's wrong time and wrong. The defendant has no record of punishment except the punishment by a fine as above, and other sentencing conditions in the records such as the defendant's age, character, conduct and environment shall be determined as ordered.

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