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(영문) 서울동부지방법원 2015.03.19 2015고단241
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 power] On April 19, 2013, the Defendant issued a summary order of KRW 3 million at the Seoul Eastern District Court for a violation of the Road Traffic Act (driving). On December 27, 2013, a summary order of KRW 3 million in the same court due to the same crime, etc., and on September 4, 2014, a summary order of KRW 3 million was issued by the Seoul Central District Court for a violation of the Road Traffic Act (Free Driver).

【Criminal Facts】

On December 31, 2014, at around 00:54, the Defendant driven a motor vehicle of 20 meters of blood alcohol concentration at approximately 0.093% without a driver’s license, from the maid land in Gangdong-gu Seoul Metropolitan Government to the front road of about 1412 (Slow-dong), from around 80 meters of alcohol content at around 0.093% of blood alcohol content.

Accordingly, the defendant was punished twice or more due to drinking driving and was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there are many kinds of past records and past records to the defendant, but confession and reflect

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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