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(영문) 서울서부지방법원 2019.02.14 2018고단4477
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2018, the Defendant was sentenced to a fine of two million won by the Seoul Western District Court for a violation of the Road Traffic Act (non-licensed driving), a fine of two million won by the Seoul Western District Court on May 8, 2018, and a fine of two million won by the Seoul Western District Court on March 6, 2015, and a fine of two five million won by the Seoul Western District Court on March 6, 2015.

On October 5, 2018, the Defendant, without obtaining the driver’s license on October 5, 2018, driven C low-priced car from the 2nd-down road in Seoul Mapo-gu to the front-gu road in Seoul Mapo-gu, Seoul, under the influence of alcohol 0.147% (the result of blood collection appraisal).

Summary of Evidence

1. Defendant's legal statement;

1. Blood alcohol appraisal report and the register of driver's licenses for automobiles;

1. Previous records of judgment: Application of three copies of criminal records, inquiry reports, summary orders, etc.;

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Normal circumstances favorable to the reason for sentencing under Article 62-2 of the Criminal Act: The fact that there is no history of punishment heavier than a fine, the fact that there is no history of being mistakenly punished, the fact that the driver's license was revoked due to a drunk driving on July 13, 2018, and the fact that the driver's license was found to be non-licensed driving after the revocation of the driver's license, and the fact that the driver's license was repeatedly committed for a short time, such as leading to the crime of this case, and the fact that the defendant's age, character and conduct

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