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(영문) 서울서부지방법원 2014.10.28 2014고단2472
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 May 11, 2007, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act by the Seoul Northern District Court, and was sentenced to a fine of seven million won for the same crime in the same court on May 6, 2008, and was sentenced to a fine of two million won for the same crime in the same court on January 4, 201, and was sentenced to a fine of two million won for the same crime in the same court on January 4, 201, and had three same criminal records.

On September 20, 2014, at around 20:50, the Defendant driven Bone Star Motor Vehicle without obtaining a driver’s license from the upper street of the Dongdaemun-gu Seoul Dongdaemun-ro 21-ro “Nition Art Institute” to the inner circular width of Mapo-gu 10km to the mixm of 0.095% of blood alcohol level, while under the influence of alcohol level at approximately 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Investigation Report (as to the measurement of noise and the application of the Medmark):

1. Previous records: The application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same criminal records) Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of circumstances, such as the fact that a person does not drive under the influence of alcohol in the future as a consequence of the pening of an error);

1. In light of the fact that the defendant, who has been punished several times due to the reason of sentencing under Article 62-2 of the Criminal Act without permission for drinking alcohol, drives without a license for drinking alcohol, the punishment as ordered is not less than that of the crime in light of the fact that the defendant recognized his mistake and reflects his mistake, and other circumstances that serve as the condition for sentencing, such as the age, character and conduct and environment of the defendant, shall be determined by taking into consideration.

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