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(영문) 서울북부지방법원 2015.12.08 2015고단3139
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 power] On June 5, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving without a license) from the Seoul Northern District Court; on November 12, 2010, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving without a license); on January 4, 201, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving without a license) from the Jungyang Branch Branch of the Government District Court; on September 29, 2014, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (Driving without a license) from the Jungyang Branch of the Seoul Northern District Court on August 3, 2015.

【Criminal Facts】

On August 25, 2015, at around 00:10 on August 25, 2015, the Defendant driven Bchier car under the influence of alcohol concentration of 0.058% without obtaining a driver's license in the 2km section from the vicinity of the Taekung-dong in Seoul Special Metropolitan City, Nowon-gu to the 73-gu Yung Ambassador street.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a driver’s license;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: References to criminal records and investigation reports (verifications of five times the same criminal records) shall apply to statutes;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake and reflects his fault; and (b) the blood alcohol concentration of the instant case is not high, given that there are many kinds of criminal records in the same offense as indicated in its reasoning.

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