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(영문) 서울중앙지방법원 2014.01.03 2013고단7172
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

On November 28, 2008, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, at the Suwon District Court on November 16, 201, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on November 16, 201, at the Seoul Central District Court on March 15, 201, and at the Seoul Central District Court on March 15, 2013, a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (Unlicensed Driving).

On September 27, 2013, the Defendant, without obtaining a driver’s license at around 04:50 on September 27, 2013, driven BM5 car from the front side of the Kafalley trees located in Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul, to the front side of 1537, while under the influence of alcohol content of 0.12%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and entry of the circumstantial statement of a drinking driver;

1. Entry in the register of driver's licenses;

1. Previous records: Application of respective Acts and subordinate statutes written in replys to inquiries, such as criminal records, investigation reports, and criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The reasons for sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act include the first head crime in the judgment of the defendant, in light of the fact that the defendant had been punished several times due to drinking driving, drinking driving, and driving without a license, repeats the driving without a license, and the degree of the driving without a license is considerably significant.

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