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(영문) 서울서부지방법원 2018.07.26 2018고단1328

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Seoul Western District Court on August 7, 2015, issued a summary order of KRW 3,000,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court, and on July 9, 2015, issued a fine of KRW 6,00,000 on two or more occasions due to a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on July 9, 2015.

around 01:10 on April 10, 2018, the Defendant driven a BMW320d car under the influence of alcohol content 0.096% while under the influence of alcohol without obtaining a driver’s license from the front side of the Hong-dong Hong-dong, Mapo-gu, Seoul to the 6km-dong, Mapo-gu, Seoul, to the 0.5km-dong, the 20km-dong, Seoul, and the 20km-dong car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;