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(영문) 서울서부지방법원 2018.09.20 2018고단1244
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic laws at the Seoul Central District Court on October 24, 2007, 2000 won for a fine of 1.5 million won for a violation of road traffic laws, 22 April 22, 2015 for a violation of road traffic laws (driving) and a violation of road traffic laws (licenseless driving) by issuing a summary order of 2 million won for a fine of 2 million won or more for a violation of road traffic laws (licenseless driving) at the Incheon Central District Court.

[Criminal facts] On April 9, 2018, the Defendant driven a coo vehicle with approximately onem alcohol level of about 0.10% under the influence of alcohol level D without obtaining a driver's license on the front side of Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation report (verification of details of revocation of disposition);

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect)-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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