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(영문) 서울중앙지방법원 2016.08.24 2016고단3544
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A. On February 28, 2007, the Defendant was issued a summary order of KRW 1 million at the Seoul Central District Court on February 28, 2007, and a summary order of KRW 2 million at the same court on May 27, 2016, respectively.

On May 7, 2016, around 01:05, the Defendant driven a 200m amount of BMF7 car owned by himself while under the influence of alcohol content of 0.095% from around the new forest history of Gwanak-gu in Seoul Special Metropolitan City to the front road of 26th of the same Gu.

B. Around April 13, 2016 to June 16, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving, even though the license suspension period was from April 13, 2016 to June 16, 2016, the Defendant driven, from May 7, 2016, 2016 to May 26, 2016, BM7 car volume owned by himself/herself from the vicinity of the history of the Gwanak-gu Seoul Special Metropolitan City, to the same name and the same road

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violations of traffic laws on roads;

1. An explanatory note;

1. Inquiries about the results of crackdown on drinking driving;

1. Details of disposition of driver's license and the ledger of driver's licenses;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and results thereof, and applying the statutes of the defendant's statutory statement;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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