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(영문) 서울중앙지방법원 2013.05.01 2013고단408
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 August 6, 2008, the Defendant issued a summary order of KRW 1.5 million at the Seoul Central District Court to a fine of KRW 1.5 million, on November 1, 2010, to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license). On September 23, 201, the Defendant issued a summary order of KRW 3 million by the same court.

On December 28, 2012, at around 01:59, the Defendant driven a D-Wz car from the front day of the Seoul Gangnam-gu Newdong Office to the front day of 502, while under the influence of alcohol by 0.105% with blood alcohol concentration without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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;

1. Previous records: Application of each Act or subordinate statute of a written inquiry, such as criminal records, and a copy of a summary order;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order is that the defendant once, three times for drinking without a license, and twice for drinking without a license for driving without a license for the last five years, and once again repeats drinking and without a license for driving without a license, in light of the fact that the defendant has caused a traffic accident, the responsibility for the crime is not easy, but the defendant has no record of punishment heavier than the suspension of execution.

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