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(영문) 서울중앙지방법원 2016.03.23 2015고단8243
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

1. On July 26, 2010, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine for a violation of road traffic laws (drinking) in the Gunsan Branch of the Jeonju District Court on the ground of the violation of the Road Traffic Act. On October 27, 2014, the same court issued a summary order of KRW 5,00,000 as a fine for the same crime, but on November 30, 2015, the Defendant was under the influence of alcohol level of KRW 0.075% in the state of under the influence of alcohol level of around 0.075% in the vicinity of the shooting distance in Gangdong-gu Seoul Special Metropolitan City, Gangdong-gu, at the 20km section above Dongjak-gu, from a place near the shooting distance to 320 km-do.

2. On September 20, 2014, the Defendant violated the Traffic Act (unlicensed driving) on the road, the driver’s license was revoked due to drinking.

The Defendant, without a driver’s license, driven a vehicle as provided in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: The application of inquiry statements and investigation reports (prior convictions and confirmations of suspect drinking) and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (including the above circumstances);

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

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