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(영문) 서울동부지방법원 2018.07.26 2018고단1830
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

[criminal history] On April 13, 2017, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on April 13, 2017, and on April 27, 2017, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving without license).

[Criminal facts] On May 23, 2018, the Defendant driven BM5 car at approximately 1 km from the roads near Jyang-dong, Seoul Special Metropolitan City to the two-way roads in Seoul Special-ro, Seoul Special Metropolitan City, while under the influence of alcohol by 0.110%, without obtaining a driver’s license for a motor vehicle on May 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation, and summary order under 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

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: The conditions for sentencing specified in pleadings, such as the defendant's age, sex, motive, means and consequence of the crime, shall be considered in light of the fact that the defendant's mistake is repeatedly reflected and repented despite the continued punishment, and that there is no record of the crime exceeding the fine, and that there is no record of the crime.

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