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(영문) 서울서부지방법원 2013.12.10 2013고단2777
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 September 11, 2006, the Defendant received a summary order of KRW 1 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act, on September 1, 2010, a summary order of KRW 5 million from a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), and on March 14, 2013 from the Seoul Western District Court to a fine of KRW 2 million for a violation of the Road Traffic Act.

On October 1, 2013, at around 01:59, the Defendant driven a B Eccoo vehicle with a blood alcohol content of 0.139% under the influence of alcohol without a car driver's license, from the first floor parking lot of the e-teltel in Eunpyeong-gu Seoul Metropolitan Government 23-26 to the front of the Ecoo-dong 90-1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (i.e., that there is an penance and that there is no serious criminal power);

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

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