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(영문) 서울서부지방법원 2014.06.10 2013고단3313

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 March 26, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the credit support of the Suwon District Court on March 26, 2010, and was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 24, 2013, and on October 8, 2013, the Defendant was sentenced to a fine of six million won due to a violation of the Road Traffic Act (driving) at the Ansan District Court.

On December 9, 2013, at around 01:10, the Defendant driven a B K5 car from the roads in front of the Gohap-dong, Mapo-gu, Seoul to the roads in front of 397-5, while under the influence of alcohol with a blood alcohol content of 0.138% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. In light of the fact that the defendant, who has been punished several times due to the reasons of sentencing under Article 62-2 of the Criminal Act, drives without the license for drinking alcohol or without the license for driving without the license for driving without the license for the reason of sentencing, and that the amount of drinking alcohol or without the license for the pertinent case is very high, the punishment as ordered shall be determined by taking into account the circumstances favorable to the recognition of errors, the fact that the error is recognized, the fact that there is no criminal record exceeding the fine, the fact that the driving of the instant case did not cause a traffic accident due to the instant driving, and the fact that the traffic accident