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(영문) 서울남부지방법원 2014.11.28 2014고단3888
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 June 8, 2007, the Defendant issued a summary order of KRW 1,000,000 by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court, and on June 7, 2011, the Seoul Southern District Court issued a summary order of KRW 3,00,000 by a fine for a violation of the Road Traffic Act.

On October 22, 2014, at around 22:40, the Defendant driven a C-gner car under the influence of alcohol with approximately 500 meters alcohol concentration 0.096% without obtaining a driver's license from the roads located in Gangseo-gu Seoul Metropolitan Government, to the front roads of the Bank located in 46-gil 302, Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of the reference to criminal records and a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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