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(영문) 서울서부지방법원 2013.05.02 2013고단485
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 4, 2002, the Defendant issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 4, 2002; the same court on January 3, 2006, the summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on February 2, 2007; the summary order of 2 million won by a fine for a violation of the Road Traffic Act (driving without a license) at the Seoul Western District Court on September 18, 2008; the summary order of 1 million won by the same court on September 22, 2011; and the summary order of 3 million won by the same court on September 22, 2011, respectively.

On January 30, 2013, at around 23:40, the Defendant driven C rocketing three vehicles under the influence of alcohol content of about 0.114% without obtaining a driver’s license from the front line of 410-2, Mapo-gu, Mapo-gu, Seoul to the front line of 363-12.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the reflective points, the health conditions, etc. of defendants);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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