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(영문) 서울동부지방법원 2015.08.20 2015고단1617
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 2, 2007, at the Seoul Central District Court, the Defendant issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act (driving on August 2, 2010), a fine of KRW 2 million for a violation of the Road Traffic Act (driving on August 2, 2010), and on July 20, 2012, the same court issued a fine of KRW 5 million for a violation of the Road Traffic Act (driving on July 20, 2012), and on June 5, 2015, at the Seoul East East District Court sentenced a fine of KRW 6 million for a violation of the Road Traffic Act (driving on drinking).

On the other hand, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court on September 13, 2013 due to a violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

Although the Defendant had a driving force twice or more as above, on June 17, 2015, around 02:19, the Defendant driven a CMW 320d car without a driver’s license, under the influence of alcohol with a blood alcohol content of 0.162% until on the road 184-14, Songpa-gu Seoul, Songpa-gu, Seoul, 184-16.

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (it is possible for the defendant to be punished for the same kind of crime, and on June 5, 2015, the Seoul Eastern District Court rendered a decision of 6 million won in the case of violation of the Road Traffic Act (the fine of 6 million won is imposed for the same kind of crime) at the Seoul East Eastern District Court on the following day, and the crime of this case is committed again in the state of exploitation, the criminal liability of the defendant is unlimited, the defendant is led to confession and reflect, the defendant has no criminal record exceeding the fine, and

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