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(영문) 서울중앙지방법원 2014.09.12 2014고단5760
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 5, 2007, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (driving) from the Busan District Court's Busan Branch on November 5, 2007, and a fine of three million won or more due to a violation of the Road Traffic Act (driving) from the Busan District Court's Branch Branch on February 20, 2014.

On August 4, 2014, at around 14:20, the Defendant driven a B low-speed car with a blood alcohol content of at least 0.090% under the influence of alcohol without obtaining a driver’s license from the 70km section of the pressure-gu Seoul, Gangnam-gu, to the road 479.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The circumstantial report on a drinking driver, the notification of the results of the control of drinking driving, and the measurement of drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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. Imprisonment with prison labor chosen to commit the same kind of crime (which can be used to commit the same kind of crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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