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(영문) 서울서부지방법원 2018.08.16 2018고단1543
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 20, 2016, the Defendant was sentenced to two years of suspended execution, protection observation, and community service order (120 hours) by imprisonment with labor for a crime of violating road traffic law at the Incheon District Court on July 20, 201, and the judgment becomes final and conclusive on November 25, 2016, and is currently under suspended execution.

In addition, on March 29, 2012, the Defendant was sentenced to a suspended sentence of two years, community service order, order to attend a lecture, protection observation by the Seoul Northern District Court on the grounds of a violation of road traffic law (drinking) and a violation of road traffic law (drinking without a license), etc. on March 23, 201, on November 23, 201, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (dacting) and a violation of road traffic law (dacting without a license) at the Seoul Northern District Court of Seoul Northern District on December 1, 201, and was sentenced to a summary order of KRW 3,50,000 as a fine for a violation of road traffic law (dacting) at the Seoul Northern District Court of Seoul Northern District on March 23, 2007, and was sentenced to a fine of two thousand five hundred,500,000 won as a fine for a violation of road traffic law (dacting).

On April 13, 2018, around 22:21, 2018, the Defendant: (a) from the front side of the Seocho-gu Seoul Western University to the new road of about 2km-ro, Seodaemun-gu, Seoul, Seomun-gu, Seoul, to the new road of about 4 (Mo-dong), and (b) driven a motor vehicle under the influence of alcohol content of about 0.115% while under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions: A reply to inquiry, such as criminal history, the relevant written judgment, and the application of statutes governing summary order;

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. The fact that there are two or more penalties, including the suspension of the execution of imprisonment for the same kind of crime for which selective sentence of imprisonment has been imposed, and the same crime has been committed.

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