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(영문) 서울동부지방법원 2019.07.08 2019고단1409
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On July 8, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the general military court of the first instance on July 8, 2009, and KRW 4 million as a fine at the Seoul Northern District Court on October 26, 2017.

On April 15, 2019, at around 18:20, the Defendant driven a c car under the influence of alcohol content of about 0.151% without obtaining a driving license from around 1.5 km to the roads near Jyangdong in Gwangjin-gu, Seoul to the same Gu B.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal history records, and the application of statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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