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(영문) 서울동부지방법원 2018.09.14 2018고단2061

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 24, 2018, at around 00:35, the Defendant driven a B-hand car with alcohol content of at least 0.176% while under the influence of alcohol without obtaining a driver's license from the 8km section of approximately 8km from the road located in the Gangdong-gu Seoul Metropolitan Governmentcheon-gu to the road located in 1358-gil 3, Hanam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

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

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

1. The reasons for imposing sentence of alternative sentence of imprisonment are as follows: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the number of factors of sentencing as shown in the arguments in the instant case, including the circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

The defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which committed at the Seoul Northern District Court on November 17, 2016, and the Road Traffic Act (the foregoing judgment became final on November 25, 2016), and was sentenced to a fine on August 28, 2016 due to the fact that he was sentenced to a driving without obtaining a license on August 28, 201, which was sentenced to a punishment on several occasions (three times of a fine due to a driving without a license on around 200, 2005, three times of a fine due to a driving without a license on around 2013, and one time of a fine on around 2016). In particular, the defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution due to the crime of violating the Road Traffic Act (the foregoing judgment became final on November 25, 2016), and was sentenced to a fine on August 28.