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(영문) 서울북부지방법원 2016.11.03 2016고단4251
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2012, the Defendant issued a summary order of a fine of three million won for a crime of violation of the Road Traffic Act at the Seoul Central District Court on May 7, 2012, and on May 13, 2015, a summary order of five million won for the same crime, etc. at the Seoul Western District Court on May 13, 2015, and on September 2, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Seoul Central District Court on September 2, 2015, and the said judgment became final and conclusive on November 20, 20

On August 20, 2016, the Defendant, at around 07:28, driven a car in the direction of about 5km from the front of the Seongbuk-gu Seoul Metropolitan Government Manman apartment road to the 64rd road in Seongbuk-gu, Seongbuk-gu, Seoul, without obtaining a driver's license, and driving Csch Rexroth 250 while under the influence of alcohol content of 0.15%.

As a result, the defendant was punished for violating the Road Traffic Act more than twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The reason for sentencing has already been punished three times due to drunk driving andless driving, as well as the records of the three-time punishment due to the same shall be determined as the disposition in consideration of the fact that the pertinent drunk driving was conducted even during the period of probation, and that the circumstances favorable to the fact that drinking is high: o is against the defendant's age, character and behavior, and environment, etc.

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