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(영문) 서울중앙지방법원 2013.06.28 2013고단2257
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 May 28, 2007, the Defendant received, from the Seoul Central District Court, a summary order of KRW 5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving on January 2, 2009), a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving on January 15, 2009), and a summary order of KRW 3 million for a violation of the Road Traffic Act (driving on October 15, 2009), respectively, from the same court.

【Criminal Facts】

1. Around 23:20 on April 7, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) and driven a vehicle with approximately 150-meter BMW 320 d motor vehicles under the influence of alcohol by 0.152% at the same time from the Do in Seoul, Jung-gu, Seoul, Seoul, to the 395 Do in front of the hotel, to the 100-115 Do in front of the hotel.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and operated the said BMW 320d car without obtaining a driver’s license at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had the history of punishment twice due to drinking driving, and again again, the nature of the crime is not weak. However, the defendant led to the confession of the instant crime and reflects his/her mistake in depth, the defendant has no record of punishment exceeding the fine, and other sentencing conditions shown in the records, such as the defendant's age, character, conduct and environment, are considered.

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