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(영문) 서울서부지방법원 2018.02.01 2017고단3428

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

【Criminal Records of Crimes】 On December 24, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 5 million for a violation of the Road Traffic Act at the same court on February 6, 2017.

[Criminal Facts]

1. On September 2, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dless driving) without obtaining a driver’s license, the Defendant neglected to 72-lane 72-lane as Seoul Yongsan-gu, Yongsan-gu, while under the influence of alcohol leveling 0.096% from blood around 01:30 on September 22, 2017, and driven the CNF small and medium-sized car owned by the Defendant, which was parked in the front of the Defendant’s vehicle, at a approximately 50-meter distance from the above parking lot to the front of the parking lot.

2. On September 22, 2017, the Defendant stolen a 400,000 won of the market price installed in the victim’s vehicle in order to conceal the vehicle parked in the CNF small passenger vehicle owned by the victim B, which was parked in the parking lot as indicated in the above paragraph 1, on September 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents B;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the relevant Act on the Traffic of Roads, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 329 of the Criminal Act (a point of view);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 attend a course;