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(영문) 서울동부지방법원 2016.08.25 2016고단1729
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 24, 2006, the Defendant received a summary order of KRW 1,50,000 from the Seoul Eastern District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (driving), and on January 2, 2015, the Defendant received a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) in the support of drinking water sources.

Despite the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, the Defendant driven a Bbee cruise car under the influence of alcohol concentration of 0.104% without obtaining a driver’s license from the front road of the address 0:59 on May 18, 2016 to the front road of the address 369, which is below the wife population at the time of Gyeonggi-do, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (drink driving records);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order shall be determined by taking into consideration favorable circumstances, such as the following: (a) although the defendant had a history of criminal punishment on several occasions due to drinking, driving without obtaining a license for drinking, driving without obtaining a license; and (b) the fact that the blood alcohol concentration is high, which are disadvantageous to the defendant; and (c) the fact that the defendant

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