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(영문) 서울동부지방법원 2013.03.13 2013고단175
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 27, 2007, the Defendant was notified of a summary order of a fine of one million won as a crime of violation of the Road Traffic Act at the Seoul Central District Court. On October 26, 2007, the Defendant was notified of a summary order of a fine of two million won for the same crime at the Seoul East District Court, and on June 11, 2009, at the same court, the Defendant violated Article 44 (1) of the Road Traffic Act by being sentenced to the suspension of the execution of imprisonment for six months or more due to the same crime.

On December 27, 2012, the Defendant, without obtaining a driver’s license, driven B benz in the section of about 500 meters of 50 meters from the Mad third-party road located in Songpa-gu Seoul Metropolitan City to the 444 front-way road with a 0.15% alcohol concentration around 23:13, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Inquiry reports, report on the results of confirmation of the previous disposition, application of Acts and subordinate statutes to investigation reports (report attached to a judgment);

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (In consideration of the fact that the defendant repents his wrong and the measured values of drinking alcohol are not high);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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