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(영문) 서울동부지방법원 2017.04.26 2017고단550

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 27, 2012, the Defendant was sentenced to a suspended sentence of one year for six months in the Seoul Eastern District Court due to a violation of the Road Traffic Act (drinking; drinking alcohol level of 0.104% in blood); on July 15, 201, the same court issued a summary order of 4 million won in fines due to a violation of the Road Traffic Act (dacting driving); and on November 16, 2007, the same court issued a summary order of 2 million won in fines by a violation of the Road Traffic Act (dacting driving).

around 22:50 on October 208, 2017, the Defendant driven D New franchise XG car without a driver’s license while under the influence of approximately 0.094% alcohol concentration in the blood 200 meters from the road front of Songpa-gu Seoul Metropolitan Government 31-17 (Songdong-dong) to the front road of the Korea Forest Arts High School 172 (Song Dong-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry about criminal history, a written investigation report (the previous and confirmation), a text of the judgment, and a summary order;

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 for selection;

1. Reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 53 and 55(1)3) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15548, Apr. 1, 2009) : The sentence shall be determined as ordered by comprehensively taking into account the following circumstances: the Defendant’s age, sexual behavior, family relationship, home environment, motive and means of the crime, and circumstances after the crime.

The favorable circumstances: A confession and reflect on each of the crimes in this case.

Most of all, it is the position to be responsible for the livelihood of the friendly family.

There are many records of punishment and punishment for the suspension of the execution of imprisonment with prison labor due to each crime recorded in the judgment.

A driver's license is also granted.