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(영문) 서울동부지방법원 2012.12.28 2012고합590
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Violation of the Composition Requirements] On August 14, 2009, the Defendant received a summary order of KRW 2,500,000,000 from the Suwon District Court as a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license) and a fine of KRW 5 million on June 1, 2012 from the Seoul East East District Court (Seoul East East District Court).

[Crime] The Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, and driven a motor vehicle with approximately five km section B 5km away from a Do near the diving station located in Songpa-gu Seoul, Gangdong-gu, Seoul, while under the influence of 00:26% of the blood alcohol level without a driver’s license on October 18, 2012.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s legal statement

1. Report on circumstantial statements of a drinking driver, investigation report, investigation report (in respect of the point of departure from a place of departure from a place of drinking driving), and the register of driver's licenses (in violation of the composition requirements);

1. Application of Acts and subordinate statutes concerning criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (main grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act (Consideration of the main grounds for the suspended sentence);

1. Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. (main grounds for a sentence) of the Act / In addition to the criminal records stated in the instant judgment, the circumstances stated in the instant judgment are stipulated by Article 51 of the Criminal Act.

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