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(영문) 서울서부지방법원 2017.10.26 2017고단2284
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 29, 2017, the Defendant added the charges to the summary order of a fine of KRW 3 million to a crime of violating road traffic laws at the Seoul Western District Court on May 29, 2017, on the ground that the amount of fine is not stated in the written indictment, but there is no possibility that it may interfere with the Defendant’s defense.

On May 31, 2017, the Seoul Western District Court sentenced a person to the suspension of the execution of official duties, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of Road Traffic Act (driving Driving) on August 29, 201, which became final and conclusive on September 29, 2017.

【Criminal facts” around 16:00 on June 17, 2017, the Defendant driven a motor vehicle of approximately one kilometer from the center of the red-dong in Seodaemun-gu Seoul, Seoul to the front road of the 129 (red red dong) and the Do governor Library, without obtaining a motor vehicle driver’s license, while under the influence of alcohol content of 0.078% during blood, the Defendant driven a motor vehicle of the Chive-lurged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Records of judgment: References to inquiries, such as criminal history, reports on investigation (the same type of force), reports on the results of previous convictions and findings thereof, and the application of each of the written judgments (No. 23,24 categories of evidence);

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. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's liability for the crime is not against the law by repeating the short-term driving of alcohol.

However, it is necessary to consider equality with the case of trial at the same time, such as the fact that the defendant's mistake is recognized, and the obstruction of the execution of official duties in the judgment, and to treat the mind and treatment such as depression.

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