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(영문) 서울서부지방법원 2014.01.28 2013고단3374

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

[criminal power] On March 21, 2003, the Defendant issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act (free license) at the Chuncheon District Court on November 21, 2005, a summary order of two million won or more as a fine for a violation of the Road Traffic Act (free license) at the Jung-gu District Court on November 21, 2005, a summary order of one million won or more as a fine for a violation of the Road Traffic Act (free license) at the Seoul Central District Court on April 21, 2010, a summary order of five million won or more as a fine for a violation of the Road Traffic Act (free license) at the Seoul Central District Court on March 16, 2012, and on February 16, 2012, a summary order of one million won or more as a fine at the Incheon District Court on February 16, 2012.

【Criminal Facts】

On November 27, 2013, at around 07:45, the Defendant driven CMW car in the state of alcohol alcohol concentration of 0.063% without obtaining a driver's license in the section of approximately 2 km from the front side of the Mapo-gu Seoul Metropolitan City Subdivision to the intersection of the same old old old Masan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43, 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;