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(영문) 서울서부지방법원 2020.05.07 2020고단307

도로교통법위반(음주운전)등

Text

The defendant shall be punished by imprisonment with prison labor for one year and two months, and by a fine of three million won for the second crime in the holding.

Reasons

Punishment of the crime

1. On December 12, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on December 12, 2008. On April 29, 2015, the Defendant was notified of a summary order of KRW 1.5 million for the same crime at the Seoul Western District Court on April 29, 2015, and on January 22, 2018, the Seoul Western District Court notified the summary order of KRW 5 million for a violation of the Road Traffic Act (Refusal of measurement) and a violation of the Road Traffic Act (license without a license).

In addition, on May 29, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for the crime of indecent act by force at the Seoul Western District Court on May 29, 201, and the judgment became final and conclusive on December 27 of the same year.

【Criminal Facts】

At around 10:00 on December 30, 2019, the Defendant driven EG300 Oba, while under the influence of alcohol with 0.149% alcohol concentration without obtaining a motorcycle driver's license, from the roads near Yongsan-gu Seoul Metropolitan Government, to the front roads of the same Gu as D.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, driven the above motorcycle without a license for a motorcycle while under the influence of alcohol.

2. On May 29, 2019, the Defendant was sentenced to three years of a suspended sentence of imprisonment with labor for a year due to indecent act by force at the Seoul Western District Court on May 29, 2019, and the judgment became final and conclusive on December 27, 2019.

【Criminal Facts】

On November 2, 2019, at the Seoul Yongsan Police Station G District located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and around November 2, 2019, the Defendant respondeded to the fact that H(46 years of age) around the said district district was released out of the district, and again went into the said district unit, and took a bath that “Chos have been caused by a case,” while doing so, I put the Defendant on the part of H with the defect that H was about to show out out of the district, and assaulted by booming it.

In this respect.

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