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(영문) 서울서부지방법원 2019.06.27 2019고단1024
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

[criminal power] On January 17, 2011, the Defendant received a summary order of KRW 2 million from the Seoul Southern District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on May 31, 2018, a summary order of KRW 4 million was issued from the Seoul Central District Court to the same crime.

【Criminal Facts】

On March 12, 2019, at around 00:25, the Defendant driven a Rash car with a blood alcohol concentration of 0.093% while the driver’s license was revoked at approximately 800 meters from the front of the Mapo-gu Seoul building to the front of the same Gu C on the road.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

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. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of the same kind other than the fine, and the fact that the defendant does not commit a second offense in violation of his depth, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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