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(영문) 서울서부지방법원 2020.04.28 2020고단208

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

On February 21, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seoul Northern District Court.

On January 4, 2020, at around 21:20, the Defendant driven a motor vehicle under the influence of alcohol level of 0.109%, without obtaining a driving license from around 3km to the front road of the C elementary school located in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1248, Apr.

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