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(영문) 서울서부지방법원 2014.11.20 2014고단2446
도로교통법위반(음주운전)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2011, at the Seoul Western District Court, the Defendant issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and on October 31, 2013, the Seoul Central District Court issued a summary order of KRW 3 million with the same criminal name at the Seoul Central District Court. On July 19, 2014, the Defendant once again did not obtain a driver’s license with a blood alcohol concentration of KRW 0.155% under the influence of alcohol concentration of KRW 0.15%. On July 19, 2014, the Defendant driven C car in the section of approximately 3km from the front of the Yongsan-gu Seoul Central District Court to the road of approximately 40-3 “monthly” in the direction of the 54-gil-ro 56-lane as the former Green History.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same kind of records);

1. Article 148-2 (1) 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. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act, the reason for the sentencing under Article 62(1) of the Criminal Act, the occurrence of traffic accidents while driving a license without a license, the repetition of the drinking driving, the reflection of the nature of the sentence, and other various sentencing conditions

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