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(영문) 서울중앙지방법원 2015.08.26 2014고단9139
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant is a person who has been sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving without a license), etc. on November 4, 201, a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the Seoul Southern District Court on July 20, 2009, a fine of KRW 700,000 for a violation of the Road Traffic Act (driving without a license) at the Seoul Southern District Court on November 19, 2008, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving without a license) at the Seoul Northern District Court on May 29, 2006.

On November 5, 2014, the Defendant, without obtaining a driver's license at around 05:30 on November 5, 2014, driven Bchier car at approximately 35 meters from the fluoral hotel fluor, in the state of alcohol concentration of 0.191%, from the fluoral hotel fluor, to the above fluoral parking lot.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, 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 152 and 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;

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