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(영문) 서울중앙지방법원 2018.10.12 2018고단4143

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 24, 2010, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a crime of violating road traffic laws at the Seoul Northern District Court on the grounds of violation of road traffic laws, etc. On March 21, 2017, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Central District Court on March 21, 2017 and the said judgment became final and conclusive on July 8, 2017.

【Criminal facts” around 00:05 on May 23, 2018, the Defendant driven a CKanbon vehicle while under the influence of alcohol content 0.134%, without obtaining a driver’s license from around 20 meters from the front side of Seocho-gu Seoul to the front side of Seocho-gu Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. A paper of measurement of drinking alcohol;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, reports on investigation (the confirmation of the same criminal history as the suspect and the fact that the period of suspension of execution is in progress), and application

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant recognized the crime and reflects the crime, the drinking driving distance is about about 20 meters, the defendant's act of parking on the side side of the parking lot under the contract with the lessor while running the restaurant business, and the fact that the defendant controlled the vehicle to park on the back of the parking lot under the contract with the lessor, and the defendant is faced with an economic difficult situation.