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(영문) 서울동부지방법원 2013.11.07 2013고단2303
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 17, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act. On May 20, 2009, the Defendant received a summary order of KRW 2 million for the same crime from the Jungbu District Court.

On September 10, 2013, the Defendant, while under the influence of alcohol by 0.087% without obtaining a driver’s license on September 10, 2013, operated B B B B B in the 20km section from the front of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the 73rd road in the village of Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, reporting on the results of confirmation of the previous dispositions, investigation reports (former and previous records), and application of Acts and subordinate statutes attached to two summary orders;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Taking account of the following: Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant is breaking his wrong depth, the fact that there is no penalty heavier than the fine, the measured blood alcohol concentration is not significantly high; and the violation of the Road Traffic Act (the fact that the 'two or more criminal records of drunk driving' which constitutes the crime of drunk driving) among each of the instant offenses (the fact that the 'two or more criminal records of drunk driving' which constitute the crime of drunk driving is cut down before the enforcement of the current Road Traffic Act which subjects the aggravated punishment, and there is room for some

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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