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(영문) 서울중앙지방법원 2018.11.22 2017고단8306

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant issued a summary order of KRW 3 million in the Seoul Central District Court on September 27, 2012 due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 7 million in the Seoul Central District Court on March 20, 2014.

On August 12, 2016, at around 08:45, the Defendant driven a vehicle CK5 vehicle without obtaining a driver’s license while under the influence of alcohol concentration of approximately 0.096% in blood from around 500 meters to the front road of Gangnam-gu Seoul Metropolitan Government.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A paper of measurement of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (compact filing of summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition for the reasons under Articles 53 and 55 (1) 3 or more of the Criminal Act for mitigation of amount;