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(영문) 서울중앙지방법원 2020.02.07 2019고단7733
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by one year and six months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on July 31, 2019, a summary order of KRW 4 million from the Seoul East East District Court to a fine for a violation of the Road Traffic Act.

On October 28, 2019, the Defendant, without obtaining a driver’s license, driven a B levir vehicle with a blood alcohol concentration of about 0.148% at a section of about 5km up to the road before the police box of the 145-lane in Gangnam-gu, Seongdong-gu, Seoul, as bankruptcy, on the road not exceeding 01:12, Seongdong-gu, Seoul.

At the same time, the Defendant violated the prohibition of drinking without a license more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. To apply criminal records, inquiry reports, and each summary order statutes;

1. Relevant provisions of Article 148-2 (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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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