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(영문) 서울중앙지방법원 2018.04.04 2018고단568
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 history] On February 25, 2009, the Defendant was punished for driving under the influence of alcohol two times or more by receiving a summary order of KRW 5 million from the Seoul Central District Court on August 29, 201 to a fine of KRW 500,000,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on August 29, 201, and a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on October 26, 2016.

[2] On December 27, 2017, the Defendant was driving a Category BM vehicle with approximately 200 meters of 200 meters from the front side of the Cheonggudong, Gangnam-gu, Seoul, while under the influence of alcohol content 0.063%, without obtaining a driver’s license on December 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving;

1. Application of the Acts and subordinate statutes of four copies of the investigation report (limited to the previous convictions and the summary order), summary order, and the summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the confession and the records of the same kind of crime);

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