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(영문) 서울서부지방법원 2015.04.07 2014고단2818
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 8, 2009, the Defendant was sentenced to a fine of 50,000 won for a violation of the Road Traffic Act at the Seoul Central District Court on July 10, 2009, sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Seoul Western District Court on April 14, 2010, sentenced to a violation of the Road Traffic Act at the Seoul Central District Court on April 14, 201, sentenced to a suspended sentence of 6 months and 2 years for a violation of the Road Traffic Act at the Seoul Central District Court on April 14, 201, sentenced to a violation of the Road Traffic Act at the Seoul Central District Court on more than two occasions on October 14, 201, and completed the execution of the sentence on August 16, 2014.

On September 17, 2014, at around 07:15, the Defendant, while under the influence of alcohol at approximately 1 kilometer from Mapo-gu Seoul Metropolitan Government to about 163 U.S., Seodaemun-gu, Seoul, the Defendant was driving a motor vehicle under the influence of alcohol again, who violated the regulations on prohibition of drinking by driving a e-car owned by the Defendant’s mother at least two times under the influence of alcohol without obtaining a driver’s license through a section of approximately 0.069% of alcohol concentration.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Making a report on the control of drinking driving;

1. The circumstantial report of an employee;

1. A driver's license inquiry;

1. Before ruling: Application of Acts and subordinate statutes on criminal records, etc., investigation reports (verification as to whether the execution of the punishment is completed and repeated crimes), certified copies of the judgment, number of individual inmates/Admittance status to criminal records, etc.;

1. Relevant Act of the crime: Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the crime, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of without a license for driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes.

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

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

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