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(영문) 서울서부지방법원 2014.07.17 2014고단1162
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on the Seoul Western District Court on July 10, 2009, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 10, 2009, and was sentenced to a fine of two million won and five times in total. The Defendant once again drives a vehicle of five times in total on the front of the “Dong Sea Frequency” road located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government on April 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Considering the fact that the Defendant was punished several times, including the suspension of imprisonment due to the reason of the sentencing of Article 62-2 of the Criminal Act, the suspension of the execution of the sentence, and the driving of the instant drinking service again for ten months after the expiration of the suspension of the execution of the sentence, the Defendant should be sentenced to imprisonment. However, considering the fact that the Defendant seems to have been able to lead a sincere working life in a workplace for a period of ten years or less, and that the Defendant would not be able to drive drinking or non-licensed driving again, the Defendant will be sentenced to a suspended sentence, and that the Defendant would not have any more preference in the event that he would be able to stop such crime.

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