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(영문) 서울중앙지방법원 2017.11.30 2017고단7471
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 history] On October 21, 2016, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court on the grounds of a violation of road traffic laws (unlicensed driving), and KRW 5 million by the same court on June 13, 2016.

[2] On September 15, 2017, the Defendant was under the influence of alcohol content of 0.056% in blood without obtaining a driver’s license for a motor vehicle on September 15, 2017, and driven a BMW motor vehicle from 4th to 10th road of the same 50 meters away from that of the Seoul Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order), and application of each summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime in spite of his/her name at least five times, and there is no room for the wife because the defendant committed the instant crime.

However, the defendant is seriously against the defendant, and the same crime is not to be avoided again.

Considering the fact that there are different points, the final decision will be made in this time, and the punishment shall be determined as per the order.

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