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(영문) 서울동부지방법원 2015.12.17 2015고단3092
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 March 12, 2008, the Defendant was issued a summary order of 700,000 won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and on February 8, 2013, the Defendant was issued a summary order of 5 million won by the same court as the same crime, etc.

Although the Defendant had been punished twice or more for violating the Road Traffic Act as above, on October 4, 2015, at around 02:44, the Defendant driven a BM7 car without a driver’s license, under the influence of alcohol concentration of about 0.052%, from the front side of the building area located in the Seoyang-dong, Gwangjin-gu Seoul Special Metropolitan City to the front side of about 20km-ro, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown, and the statement of the status of the driver;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflective attitude, degree of discretionary taking into account the recent criminal records, etc.);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act (Article 62 (1) of the Act) (Article 62 (1) of the same Act (Article 62 of the Act), which reflects the truth of his/her

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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