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(영문) 서울서부지방법원 2015.10.02 2015고단1952

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 14, 2013, the Defendant issued a summary order of KRW 5 million at the Seoul Western District Court on the grounds of a violation of the Road Traffic Act, etc., and a summary order of KRW 1 million at the Seoul Central District Court on November 14, 2014, respectively.

【Criminal Facts of Crimes】 On July 22, 2015, the Defendant, without obtaining a driver’s license on July 2, 2015, driven D Rac Vehicles at approximately one kilometer from the road front of Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, to the front of the Defendant’s office located in Yongsan-gu, Yongsan-gu, Seoul, with a blood alcohol concentration of 0.126%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on detection of a motor vehicle under consideration, and report on the status of a motor vehicle under consideration;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Data inquiry about criminal records and investigation records of foreigners, investigation reports (reports on confirmation of the records of driving under influence of a suspect), and application of statutes attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Do148, Apr. 1,