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(영문) 서울서부지방법원 2013.09.06 2012고합518
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

[criminal power] On July 22, 2011, the Defendant issued a summary order of KRW 2 million at the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million at the Chuncheon District Court on September 21, 2012 to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

1. On October 19, 2012, around 23:45, the Defendant driven a c1 ton cargo vehicle while under the influence of alcohol of 0.123% 0.123% of alcohol content without obtaining a driver’s license from the road in front of 92, Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul to the road in front of 1:5 meters.

2. On October 20, 2012, at around 03:09, the Defendant driven a c1 ton truck with blood alcohol content 0.118% while under the influence of alcohol without obtaining a driver’s license from the parking lot of the Yongsan Police Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul to the Cheongwon apartment parking lot located in the 92-dong, Taewon-dong 92.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of each host driver, and circumstantial statements of each host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report accompanied by a summary order) Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Point of driving under influence of each judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without a license as indicated in the holding: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on any violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Road Traffic Act as of October 20, 2012, heavier punishment for concurrent crimes];

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62-2 (1) of the Criminal Act;

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