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(영문) 서울서부지방법원 2018.10.11 2018고단2303

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 14, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on February 14, 2013, and on May 3, 2018, issued a summary order of KRW 3 million for the same crime in the support for the development of the Suwon Friwon method.

On June 14, 2018, at around 03:10, the Defendant driven a B 130 vehicle under the influence of alcohol level of 0.150% while under the influence of alcohol level of 0.150%, without obtaining a driver’s license, from around 32-lane 6-gil, Mapo-gu Seoul, Mapo-gu, Seoul, to the front road of the 53rd World Cup in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the principal driver's statement report and the driver's license ledger;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that there is no history of punishment heavier than a fine due to the crime of the same kind, the distance of driving is relatively short, the mistake is recognized, and is against it);

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;