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(영문) 서울중앙지방법원 2015.02.04 2014고단9217

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 28, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 28, 2008, and was sentenced to a fine of 3 million won for a crime of violating the Road Traffic Act at the Sungnam Branch of the Suwon District Court on February 25, 2014.

On November 20, 2014, at around 23:50, the Defendant driven Cenz’s car in a drunken state with a blood alcohol concentration of about 0.206% without obtaining a driver’s license from around 100 meters from around 100 meters to the 561 rolling stock-ro, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification, etc. of the results of drinking control;

1. Statement on the circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

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. The reason for sentencing a sentence of selective imprisonment is divided in depth, and the sentence of this case is invalidated for six-month suspended sentence of imprisonment, which was finalized on June 2014 by the sentence of this case, but not only three times, the record of fine due to the same crime was discovered three times, including this case, and it is inevitable to punish a person in consideration of the fact that drinking and non-licensed drinking were discovered three times in 2014, and drinking water was high.