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(영문) 서울남부지방법원 2018.08.28 2018고단3314
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

【Criminal Records of Crimes】 On April 6, 2009, the Defendant was issued a summary order of KRW 1,500,000 by the Seoul Central District Court to a fine for a violation of Road Traffic Act (drinking driving), and on June 1, 2017, the Seoul Southern District Court issued a summary order of KRW 2 million for a violation of Road Traffic Act (drinking driving).

【Defendant Inasmuch as the above-mentioned Defendant violated Article 44(1) of the Road Traffic Act not less than twice, Defendant 1 driven CK5 cars while under the influence of alcohol leveling 0.081% while under the influence of alcohol leveling around 23:03 on June 13, 2018 without obtaining a driver’s license on a section of approximately 200 meters in front of Gangseo-gu Seoul Metropolitan Government B.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the same type of crime records);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment heavier than punishment and the punishment provided for in a crime of violating the Road Traffic Act);

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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