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(영문) 서울동부지방법원 2017.08.24 2017고단1842
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 February 15, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on February 15, 2013 and KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on December 9, 2016.

The Defendant, without a driver’s license, was drunk at around 00:41 on May 24, 2017, with alcohol concentration of 0.143% in blood, and was drunk at around 00:41 on May 24, 2017, Gwangjin-gu Seoul Special Metropolitan City

A car was operated from approximately 1 km to the road in Gwangjin-gu, Seoul to about 173-ro. B from the road in Gwangjin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at driving, a report on the circumstances of the driver at driving, an inquiry of the results of crackdown on drinking, an investigation report, and an investigation records;

1. The driver's license ledger;

1. Photographs of records of drinking alcohol measurement;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report, such as summary order, etc.);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Decisions are rendered as per Disposition on the grounds that the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are not less than the overall circumstances, such as the fact that he/she has a record of being punished for the same kind of crime, etc.

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