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(영문) 서울동부지방법원 2013.10.28 2013고단1936
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 September 18, 2007, the defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and on April 11, 2008, the defendant was issued a summary order of 2 million won by a fine for a violation of the Road Traffic Act at the Seoul East District Court. On June 17, 2010, the defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act (driving) at the Seoul East East District Court.

【Criminal Facts】

On July 28, 2013, the Defendant, without obtaining a driver’s license on July 23:23, 2013, driven the E rocketing car from the Do in front of the funeral hall of the Hanyang University Hospital Hospital Hospital in Seongdong-gu Seoul, Seongdong-gu, Seoul to approximately 1 km from the Do in front of the funeral hall of the Hanyang University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made under the circumstances of a drinking driver, and a record of measurement of drinking;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records, investigation reports (Attachment to attached documents, etc. of summary order), copies of each summary order, and application of Acts and subordinate statutes of the judgment;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has not been aware of the history of punishment for drinking driving multiple times as stated in the judgment, and that the defendant drives a motor vehicle while drunk without a driver's license is disadvantageous to the defendant.

However, the defendant's mistake.

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