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(영문) 서울북부지방법원 2017.03.23 2016고단5504

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 23, 2016, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on November 5, 2016.

On August 23, 2016, around 03:45, the Defendant driven a section of about 1 km from the roads adjacent to the Seoul Jung-gu Seoul Central Government Station to the roads 155, Jung-gu, Seoul Central Government Government, while under the influence of alcohol by 0.162% without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, response data from the National Institute of Scientific and Investigative Research, and a suspect A's transfer to the ledger and next investigation report;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation report (Attachment to the suspect A's previous records);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 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 an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime under Article 334(1) of the Criminal Procedure Act include: (a) a person who drives Oralba without a license while having high alcohol content at the time of the instant crime; (b) a person who drives Oralba without a license; and (c) a person who again commits the instant crime without being aware of the fact that he/she was under trial by 581 and 1277 of the court due to an accident that he/she was driving Oralba in drinking condition; and (d) a person who again commits the instant crime without being aware of the fact that he/she was under trial by 2016No 581 and No. 12777; (b) the Defendant recognized the instant crime; and (c) a person violates the law on the Aggravated Punishment, etc. of Specific Crimes for which the judgment became final