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(영문) 서울남부지방법원 2018.02.22 2017고단676
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On November 21, 2006, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving), etc. on November 21, 2006, on October 11, 2007, a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving), and on June 10, 201, on June 10, 201, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan Branch Branch of the Incheon District Court.

On August 18, 2016, the Defendant driven BK-5 vehicle under the influence of alcohol content of 0.067% while under the influence of alcohol without obtaining a driver’s license, from the front of a restaurant where it is impossible to know the trade name located in the front-dong, Seocheon-si, Seocheon-si, Seoul to the 57rd-ro, Southern-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notice of the result of regulating the driving of alcohol, the situation report of the driver in charge, and the register of driver's licenses;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, two copies of the summary order, written inquiry about summary information of the case, and application of statutes of the first instance judgment;

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. The application of Article 53 and Article 55(1)3 of the Criminal Act to the mitigated amount of a driver's license under the influence of a driver's license even though the same kind of crime and three times of application of the same Act and Article 55(1)3 of the same Act, and the escape without attendance at the trial, the Defendant's age, sex, environment, driving circumstances, driving distance, and circumstances after the crime

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