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(영문) 서울남부지방법원 2016.10.27 2016고단3128
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who received a summary order of a fine of one million won on January 2, 2012 and a fine of four million won or more for the same crime from the Seoul Southern District Court on September 9, 2015 and received a summary order of the same crime at the Seoul Southern District Court on February 2, 2012.

[2016 Highest 3128] On June 10, 2016, the Defendant driven a Bbee cruise car with approximately 800 meters from the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government to the same Gu-ro 353 while under the influence of alcohol 0.167% of the blood alcohol level without a driver’s license on June 10, 2016.

[2016 Highest 4537] On August 26, 2016, the Defendant, without a car driver’s license around 09:30 on August 26, 2016, driven a Bbe-crated car at approximately 50 km from the vicinity of the Yananananananan-gu, Chungcheongnam-gu, Chungcheongnam-gu to the point where the Seoul direction of the Bbe-crat-si is 390km.

Summary of Evidence

[2016 Height3128]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, and the result of measurement of drinking;

1. The register of driver's licenses (2016 highest 4537);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on circumstances of driving without a license, and photographs at the time of crackdown;

1. Details of the cancellation of driver's license and the register of driver's license;

1. Application of Acts and subordinate statutes to a report on criminal records, investigation reports, summary agreement auxiliary meetings, copy of summary order, undisposition and confirmation before disposition, and report on results of confirmation;

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

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act as of June 10, 2016 and a violation of the Road Traffic Act as of more severe punishment among the violations of the Road Traffic Act as of June 10, 2016);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is more severe;

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