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(영문) 서울서부지방법원 2018.06.05 2018고단911
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 October 1, 2013, the Defendant issued a summary order of KRW 2,00,00 for a crime of violating the Road Traffic Act at the Seoul Southern District Court on the grounds of a violation of the Road Traffic Act, and on January 15, 2009, a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Incheon District Court on the grounds of a violation of the Road Traffic Act, and has the record of being punished two times or more due to drinking driving.

On March 2, 2018, at around 11:03, the Defendant driven three cargo vehicles with a furnal alcohol concentration of at least 0.079% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from approximately 5km section from the road near the public morals-distance in Mapo-gu Seoul Metropolitan Government to the road in front of the wastewater treatment facilities that are located in the direction of the river in front of the river in front of the river in Mapo-gu Seoul, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control and response to a request for appraisal;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The imposition of punishment on both the defendant's age, sexual behavior, family relationship, circumstances before and after the crime, etc., and the sentencing conditions indicated in the theory of changes, are considered in consideration of the fact that there are no past records of the punishment heavier than the fine, that the blood alcohol concentration is relatively lower than the fine, and that there are many records of the punishment for the same kind of crime including the previous records in the judgment.

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