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(영문) 서울동부지방법원 2014.04.24 2013고단1199

도로교통법위반(무면허운전)등

Text

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

Reasons

Punishment of the crime

On May 11, 2012, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on May 11, 201, and a summary order of KRW 4 million to a fine at the same court on July 6, 2012, respectively.

Nevertheless, around May 6, 2013, at around 21:39, the Defendant driven a Bcoon car with the alcohol concentration of 0.163% under the influence of alcohol without obtaining a driver's license from the Do in front of the Seoul Samsung Hospital located in 50, Gangnam-gu Seoul, Seoul, to the 600 front road of Songpa-gu, Songpa-gu, Seoul.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on detection of drivers, report on blood alcohol appraisal, and register of driver's licenses;

1. Inquiry reports on criminal records, etc., and application of each summary order statutes;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;