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(영문) 서울남부지방법원 2016.10.20 2016고단2750
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 22, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 3.5 million for a violation of the Road Traffic Act. On May 20, 2010, the Defendant received a summary order of KRW 3.5 million for the same crime, etc.

On April 30, 2016, around 21:50, the Defendant driven a B tea with a blood alcohol concentration of 0.133% while under the influence of alcohol without obtaining a driver’s license from approximately 10 meters from the front of the bus terminal No. 58, located in Gangseo-gu Seoul Metropolitan City, to the front of the “slurgel” road located in 118, a monthly-ro 118, a monthly-ro.

As a result, the defendant was punished for a drunk driving more than twice, and was engaged in a drunk driving again, and at the same time, a driver without a driver's license.

Summary of Evidence

1. The defendant's legal statement 1, the report on the state of his driving, the certificate of drinking control, and the register of driver's licenses;

1. Previouss before and after judgments: Application of Acts and subordinate statutes of seven copies of criminal records, inquiry reports, written judgments, and summary orders;

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. Selection of imprisonment with prison labor chosen;

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

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: There is no previous offense exceeding a fine;

(k) Unfavorable circumstances: The fact that there are seven times or more due to drinking or non-licensed driving and the fact that there is a high level of drinking alcohol and high level of drinking alcohol.

It is ordered as ordered by the court in consideration of all the circumstances, such as the Defendant’s environment, motive for crime, and circumstances after crime.

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