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(영문) 서울서부지방법원 2015.02.03 2014고단1243
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and on July 23, 2010, issued a summary order of KRW 4 million for the same crime at the Seoul Western District Court.

On December 17, 2013, at around 21:57, the Defendant driven Bone Star Motor Vehicle under the influence of alcohol concentration of about 0.078% without a vehicle driver’s license in the section of about 8km from the Do located in Gangseo-gu Seoul Metropolitan Mumpan-dong to the 318-7 front road of Eunpyeong-gu Seoul search Dong.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Investigative reports (verification of the ledger of driver's licenses and applicable provisions of Acts);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and details of inquiry about management of the report;

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the absence of a criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

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