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(영문) 서울서부지방법원 2020.04.02 2019고단4326

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On May 31, 2018, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Western District Court for a violation of the Road Traffic Act.

On November 4, 2019, at around 21:20, the Defendant driven a F rocketing car under the influence of alcohol concentration of 0.191% without obtaining a driver’s license from the Do in front of the C cafeteria located in Guri-si B to the E Do in front of the same city.

As a result, the Defendant driven a motor vehicle without a driver's license and violated the prohibition of drinking at the same time more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

1. Mitigation of discretionary punishment under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that only a fine has been imposed);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;