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(영문) 서울서부지방법원 2016.12.08 2016고단3163
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2008, the defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Western District Court on August 19, 2008, and on September 29, 2009, the defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Changwon District Court's branch.

On August 8, 2016, the Defendant driven a motor vehicle with a motor device without mandatory insurance without a motor driver’s license, in a section of approximately 500 meters from the Do in front of the “Seowon-dong, Mapo-gu, Seoul Metropolitan Government” to the front road of the “Cheongdae-do” in the Dongwon-dong World Cup market.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, and an on-site map;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report;

1. The register of driver's licenses and car cars registered;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes to criminal records, investigation reports, and records of driving under influence of a suspect;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act concerning the operation of motor vehicles which are not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished three times for the same crime, and the fact that the defendant is under the influence of alcohol and again commits the crime of this case is disadvantageous to the defendant.

However, the defendant recognizes and reflects his criminal act;

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