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(영문) 서울중앙지방법원 2015.10.28 2015고단5397
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 January 30, 2015, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act. On June 24, 2015, the same court issued a summary order of KRW 5,00,000 as a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 23:10 on August 26, 2015, the Defendant, as seen above, driven a mixed-type car with approximately 200 meters alcohol level 0.105% under the influence of alcohol level from the section of approximately 200 meters of alcohol level to the adjacent road of the subway No. 4 line, the subway No. 4 line, which was located in the Gu during the safe-time period without a driver’s license, during the safe-time period from the subway No. 23:10 on August 26, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Report on the circumstances of driving without a license;

1. A driver's license inquiry;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment of criminal records and summary orders of the same type of suspect) and 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 ordinary concurrent crimes (a punishment heavier than punishment and a punishment prescribed for a violation of the Road Traffic Act due to a drunk driving);

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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she was sentenced to a fine for drunk driving on two occasions, he/she again driven without a license in the drinking condition.

Since January 2015, the control of drinking driving has been conducted on the three occasions, and the driving of drinking is considered to have been controlled several times in a short period, and the driving of the accused seems to have already been damp.

shall be punished by a fine above.

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