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(영문) 서울동부지방법원 2017.11.23 2017고단3162
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

On October 4, 2002, the Defendant was sentenced to a summary order of one million won as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on July 13, 2012, a fine of 4 million won at the above court on July 13, 2012, and a fine of 1 million won for a violation of the Road Traffic Act (unlicensed driving) in the support for the development of the Suwon branch of Suwon branch of the Republic of Korea on November 23, 2012. On April 1, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving driving) and a violation of the Road Traffic Act (non-licensed driving) at the Seoul Eastern District Court of Seoul, the Defendant was sentenced to a suspended sentence of 2 years.

On September 23, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B rocketing vehicle at approximately 1km section from the ice market located in 932 as Seoul Songpa-gu to the 5-6-ro, Songpa-gu, Seoul, under the influence of alcohol content of 0.165%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, reporting on the situation of driving without a license, and investigation report;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (fixture of judgment, etc.), text of judgment, and summary order 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. 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 suspended execution;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) there is a number of records of punishment for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act; (b) there is a reflection of one’s mistake; and (c) other circumstances such as the defendant’s age, sex, environment, motive, means and consequence of the crime; and

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