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(영문) 서울중앙지방법원 2017.09.15 2017고단4585
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 11, 2016, the Defendant received a fine of four million won as a crime of violating the Road Traffic Act (drinking on drinking), and on September 2, 2011, a fine of 1.5 million won for the same crime from the Seoul Eastern District Court.

[2] On May 6, 2017, at around 08:50, the Defendant driven BM car under the influence of alcohol concentration of about 0.078% without a driver’s license from around 500 meters to around the same 200-6 front-dong, Gangnam-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. Notice of control records and the report-related department of 112 case;

1. Report on the circumstances of a driver who is to take the driving of a drinking, investigation report (report on the circumstances of the driver who is to take the driving of a drinking driver), and notification of

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as details of inquiries about management of initial reports, criminal history, etc.;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant has already been punished for driving under drinking twice again, and that he again commits the instant crime on November 2016, that he has not been notified of a summary order due to driving under drinking, and that he/she again drives without obtaining a license for drinking only for a few months);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (including the following circumstances: (a) the accused recognizes criminal facts and reflects the criminal facts; (b) there is no record of punishment heavier than the fine before the instant case; and (c) the fact that the amount of alcohol concentration in the blood is relatively higher at the time of detection;

1. Article 62 of the Criminal Act:

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