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(영문) 서울동부지방법원 2015.09.10 2015고단2229
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

On April 21, 2005, the Defendant was issued a summary order of 700,000 won by a fine for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on July 6, 2009, issued a summary order of 1 million won by the same court as the same crime, and on March 12, 2013, issued a summary order of 2 million won by the same court as the same crime.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, on July 18, 2015, at around 05:05, the Defendant driven Bone Star Motor Vehicle under the influence of alcohol with approximately 150 meters alcohol concentration of 0.174% without a vehicle driver’s license from a road where it is impossible to find out whether it is located in the Songpa-gu Seoul Metropolitan Government Geum-dong to the same Macheon-ro 184 (Mi-dong).

Summary of Evidence

1. Defendant's legal statement;

1. Reports on driving drivers, and records of measurement of drinking alcohol;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of 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 (referring to the attitude of reflection, recent criminal records, circumstances leading to the commission of a crime, and other factors of sentencing, such as the age, character and conduct, environment, family relationship, etc. of the defendant);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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