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(영문) 서울중앙지방법원 2018.05.10 2018고단1316
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on January 5, 2007, issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (drinking driving), and at the same court on August 4, 2014, a fine of KRW 5 million for the same crime, respectively. On March 31, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with labor for the same crime at the Seoul East East District Court for six months and was sentenced to the suspension of the execution on April 8, 2016, and was sentenced to the suspension of the execution on the same crime on at least two occasions.

Nevertheless, around December 14, 2017, around 12:37, the Defendant driven D A6-car under the influence of alcohol content of 0.161% while under the influence of alcohol without obtaining a driver's license from around 65-lane 39, Gangnam-gu, Seoul, to around 812, from around 2.5km to the road mainly 812.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of regulating driving of drinking;

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the same type of crime records);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act shall be imposed on the defendant who committed the crime of this case during the period of the same suspended sentence (the defendant who committed the crime of this case during the period of the same suspended sentence shall be punished strictly, in consideration of the circumstances that may be considered in the course of the case, and the prevention of recidivism is conducted simultaneously);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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