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(영문) 서울중앙지방법원 2017.05.17 2017고단1602
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

[criminal history] On April 6, 2011, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on June 15, 2009 to the same crime.

[2] On March 7, 2017, the Defendant driven a B-hand vehicle without a driver’s license in the section of approximately 3 kilometers from the front side of the W-dong Hospital in Jungcheon-ro, Seoul to about 38 B-ro, Jungcheon-ro, Seoul, and the front side of the opening, while under the influence of alcohol content 0.13 percent of alcohol during blood at around 22:19.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the history of the results of drinking alcohol test, notification of the results of the control of drinking driving, and statement of the situation of the driver of drinking;

1. Inquiry into the receipt and delivery of a license for tea insurance, and inquiry into the grounds for disqualification of the main office;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a sentence of alternative imprisonment with prison labor ( Taking into account the following circumstances: (a) the Defendant was punished for driving under drinking twice again; (b) the Defendant continued driving without obtaining a license after the driver’s license was revoked in 201; and (c) the Defendant was punished three times for driving without obtaining a license; and (d) the number of alcohol concentration in blood at the time of detection is relatively high;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (i.e., the fact that the defendant recognizes all criminal facts and reflects the criminal facts, and that there exists no record of punishment heavier than the fine prior to the instant case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the reduction of the amount of punishment repeated);

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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