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(영문) 서울서부지방법원 2018.01.25 2017고단3431

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 history] On December 9, 2010, the Defendant issued a summary order of KRW 3,000,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court on December 10, 2012, a summary order of KRW 4,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 10, 2012, and on September 3, 2015, a summary order of KRW 6,00,000 was issued by the Seoul Western District Court on September 3, 2015.

[2] On October 27, 2017, around 23:21, 2017, the Defendant driven a Bland with alcohol content of at least 0.144% while under the influence of alcohol without obtaining a driver’s license from the 10km section of the Eunpyeong-gu Seoul Metropolitan Government from the 1059-19-19 road of Gangseo-gu, Gangseo-gu, Seoul, to the 1059-19 road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of investigation reports (report on the confirmation of criminal records of the suspect's same kind of crime);

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. Article 148-2 of the Road Traffic Act of the grounds for sentencing under Article 62-2 of the Criminal Act provides that the punishment standards for drinking shall be differentiated according to the frequency of drinking alcohol driving and the amount of alcohol concentration in blood for the purpose of preventing the smoking of drinking, and thus strictly punished for a person who violates the prohibition of drinking on at least two occasions. The Defendant was punished for a series of times due to drinking or non-licensed driving, including the previous conviction stated in the judgment. The Defendant’s driver’s license of the Defendant was revoked on July 20, 2015 due to an act of drinking alcohol driving, and the Defendant is Nevertheless.