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(영문) 서울동부지방법원 2020.11.10 2020고단2753
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

On February 6, 2009, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and on July 30, 2019, a summary order of KRW 4.5 million was issued by the Seoul East East District Court to a fine of KRW 4.5 million for a violation of the Road Traffic Act.

Criminal facts

Around 02:10 on July 2, 2020, the Defendant driven a DNA string vehicle under the influence of alcohol concentration of 0.194% without obtaining a driving license from an on-road parking lot in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government B building from around 26 km to the front road in Gangdong-gu Seoul Metropolitan Government.

As a result, the defendant violated the prohibition on drinking without obtaining a driver's license at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. 112 reported case handling table;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed considering favorable circumstances, on the other hand, favorable conditions, such as the fact that the blood alcohol concentration is high and the distance of driving is long, that the driver drives a motor vehicle at once in about one year after being punished for driving under the influence of alcohol is unfavorable, on the other hand, and that it is against the situation, such as criminal records, age, etc., and probation order, etc. shall

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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