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(영문) 서울중앙지방법원 2016.03.30 2016고단387
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 January 22, 2009, the Defendant was punished four times for the same kind of crime, including a fine of 1.5 million won for a violation of road traffic laws in the Busan District Court’s Busan District Court’s Vice Branch, and a fine of 1 million won for the same crime in the same court on December 17, 2014.

2. On January 3, 2016, the Defendant driven a motor vehicle B in the state of alcohol alcohol with approximately 500 meters alcohol concentration from around 199-5, Gangnam-gu, Seoul, 199-5 to the front road of the Saemaeul cafeteria, Gangnam-gu, Seoul, without a driver’s license, at approximately 0.059% of alcohol content in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on confirmation of relevant records of the case);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (defensive points, blood alcohol concentration is not high, and other consideration given to the defendant's age, environment, circumstances after committing a crime, etc.);

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