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(영문) 서울동부지방법원 2016.06.16 2016고단865
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on February 24, 2015, and was sentenced to a fine of KRW 5 million for the same crime on September 2, 2015, and was sentenced to a summary order of KRW 5 million for drinking driving twice or more.

Nevertheless, at around 02:12 on February 29, 2016, the Defendant driven CK-5 car under the influence of alcohol content of 0.110% without obtaining a driver's license from approximately 5 meters from the Gucheon-ro, Gangdong-gu, Seoul to the 26-ro 24-gil 25-ro, Dongcheon-ro, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (related to the confirmation of the same criminal records as the

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The punishment shall be determined by taking into consideration favorable circumstances, such as the following circumstances: (a) the Defendant’s reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act was punished twice by a fine due to drinking alcohol only in 2015; and (b) the Defendant’s neglect of such punishment and repeats driving without a license within a short time due to the revocation of a driver’s license; (c)

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