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(영문) 서울남부지방법원 2015.01.23 2014고단4582
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

On May 1, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on May 1, 2007, and on December 6, 2012, the Defendant was issued a summary order of 4 million won for the same crime.

On August 5, 2014, at around 06:30 on August 5, 2014, the Defendant driven a car with approximately 3 km level from the day before the Lane hotel in Geumcheon-gu Seoul Metropolitan Government, to the Lane Capital parking lot in the same Gu, while under the influence of alcohol concentration of 0.123% without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions: Application of criminal records and investigation reports (report attached to summary orders related to drinking of suspects and driving without licenses) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 Act;

1. The punishment as ordered shall be determined by taking into account the fact that the error of sentencing under Article 62-2 of the Criminal Act is recognized and reflected, the traffic accident does not reach the level of traffic accident, and there is no serious criminal record exceeding the fine, etc.

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