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(영문) 서울중앙지방법원 2014.08.08 2014고단3855
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

[criminal power] On March 23, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court. On August 21, 2008, the Seoul Central District Court was sentenced to a suspended sentence of KRW 2 years for the same crime, and 3.5 million for a fine at the Seoul Western District Court on May 31, 201. On December 27, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime.

【Criminal Facts】

On May 20, 2014, around 19:50 on May 20, 2014, the Defendant driven C Aburgn-turged car without obtaining a driver's license from around 2km section of approximately 0.196% of blood alcohol concentration in the front of the same Seocho-gu Seoul Seocho-dong Green Station to the front of the same Seocho-dong Green Village.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of drinking driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records and investigation reports (Attachment to criminal records of the same kind of suspect's judgment, etc.);

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

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

1. In light of the fact that social service and education orders have been punished several times for the same kind of crime as the sentencing of Article 62-2 of the Criminal Act, and again, the driving of the drinking free license of this case has again led to the occurrence of the crime. However, in light of the fact that the defendant has no intention to not drive a drinking free license due to the disposal of the vehicle, etc., the crime of this case has not occurred, and other circumstances shown in the records, such as the defendant's age, character, character and environment, etc., are considered as ordered.

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