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(영문) 서울서부지방법원 2020.02.20 2019고단4176
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 January 19, 2015, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Seoul Western District Court.

On September 28, 2019, at around 21:59, the Defendant driven a FCA 1105 motorcycle while under the influence of alcohol without a motorcycle driver's license, from around 100 meters away from the front road of the C Station 8 located in Eunpyeong-gu Seoul Metropolitan Government to the Estore front road in Eunpyeong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than the fine, the fact that the crime is recognized and the fact that the crime is not committed and the crime is not committed, etc.);

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

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