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(영문) 서울남부지방법원 2017.11.23 2017고단4408

도로교통법위반(음주운전)등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2008, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of road traffic law in the support of the Suwon Friwon Frigwon, and on July 1, 2016, the above court issued a summary order of KRW 3 million as a fine for the same crime.

Criminal facts

On August 3, 2017, the Defendant driven B Poter truck under the influence of alcohol content of 0.144 percent without obtaining a driver's license from the front of the night of the vehicle in Geumcheon-gu, Seoul, about 04:45 on the same day from August 3, 2017 to around 27:4:45 on the same day, as Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of driving without a license, report on the circumstances of the driver at home, and inquiry into the driver’s license;

1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes of inquiry, summary order and summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture is that the defendant was driven in violation of signal signals with no license while under the influence of alcohol, even though he had the driving force twice twice, but the criminal liability of the defendant is not less than three times, the fact that the defendant was not guilty, the fact that there was no previous conviction, the fact that the mistake is recognized, and other circumstances such as driving circumstances, driving distance, and the circumstances after the crime are considered.