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(영문) 서울중앙지방법원 2015.07.31 2015고단3428
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 power] On March 6, 2008, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 27, 2010; the summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on May 27, 2010; and on November 8, 2013, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 12, 2013; and was sentenced to a suspended sentence of KRW 16 months as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 12, 2013.

【Criminal Facts】

On March 17, 2015, the Defendant, as a person who violated the provisions of the Road Traffic Act two or more times, driven a B Orus vehicle at approximately 300 meters in a dialogue between the U.S. and U.S. 35 meters in high-si and U.S. on the roads under the influence of 0.092% of the blood alcohol concentration without obtaining a driving license at around 23:40 on March 17, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the circumstances of the driving of a motor vehicle;

1. A written appraisal of blood alcohol;

1. Previous convictions: References to criminal records and investigation reports (suspect A's previous convictions and confirmation of judgment) and other statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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