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(영문) 서울서부지방법원 2015.03.31 2015고단120
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 29, 2010, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court due to a violation of the Road Traffic Act (driving). On October 6, 2014, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court.

On December 13, 2014, at around 01:24, the Defendant driven a B Sti-type car under the influence of alcohol concentration of 0.136% without a driver's license on a section of about 100 meters from the Dobong-gu Seoul Metropolitan Government to the roads of Yongsan-gu, Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions: References to criminal records, written judgments, and application of Acts and subordinate statutes governing summary orders;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant reflects his mistake, the circumstances leading to the crime in this case, and other circumstances such as the age, character and conduct, family relationship, environment, etc. of the defendant);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

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