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(영문) 서울중앙지방법원 2014.07.16 2014고단3712
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 201, the Defendant was issued a summary order of KRW 3,500,000 with a fine of KRW 3,50,000 due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on the ground of drinking driving on or around May 9, 201, and the Defendant was issued a summary order of KRW 5,00,00 with a fine of KRW 5,00 due to a violation of the Road Traffic Act (driving) in the same support as a drinking driving on or around May 9, 201, and on June 28, 2013, the judgment became final and conclusive on or around July 6, 2013.

On May 9, 2014, at around 01:05, the Defendant driven a CCA 1105 motorcycle under the influence of alcohol content of 0.145% without obtaining a motorcycle driver's license, from around 01:10 on the same day from before the 28th day of Hoamro 24, Gwanak-gu, Seoul Special Metropolitan City, to the 50-ro 23rd day of the 58rd day.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of inquiry reports and investigation reports;

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 2 of Article 154 and Article 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. In light of the fact that the Defendant committed the instant crime during the period of suspended sentence for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, a sentence shall be imposed on the Defendant. However, the sentence shall be imposed as ordered in consideration of various conditions of sentencing specified in the trial process, such as the Defendant’s age, character and conduct, family relationship, economic situation, the result of the instant sentence, and circumstances after the commission of the crime, including the fact that the suspended sentence as indicated by the instant sentence becomes invalidated and becomes invalidated.

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