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(영문) 서울동부지방법원 2018.07.13 2018고단1451
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 20, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on August 20, 2014, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul East District Court on March 13, 2015.

Criminal facts

On April 20, 2018, the Defendant driven a BE-car without a driver’s license with a alcohol content of about 2km from the front of the 2k section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the 2nd section of the Republic of Korea

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records of the same kind of crime and reporting of the relevant summary order attached thereto), and summary order of 4 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has two times the records of criminal punishment due to driving of drinking (two times the penalty penalty) and three times the records of criminal punishment due to driving without a license (three times the penalty penalty) are under the influence of alcohol.

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