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(영문) 서울동부지방법원 2013.11.14 2013고단2525
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 4, 2009, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Eastern District Court, and six months of imprisonment at the Seoul Central District Court on June 24, 2010 and completed the execution of the sentence at the Seoul Detention Center on October 12, 2010.

【Criminal Facts】

On August 9, 2013, at around 01:14, the Defendant driven CDap Motor Vehicle with approximately 1.16km from the pressure-gu Seoul, Gangnam-gu, Seoul to the 78 front road in Seongdong-gu, Seongdong-gu, Seoul, for approximately 1.16km, without obtaining a driving license, while under the influence of alcohol with 0.245% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made under the circumstances of a drinking driver, the results of crackdown on drinking driving, and the details of drinking output;

1. Registers of driver's licenses;

1. Previous records: Application of a reply to criminal records, investigation reports (verification of the same kind of records, relevant written judgments, etc.) and statutes;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

1. The reason for sentencing under Article 35 of the Criminal Act for repeated crime is that the defendant driven a motor vehicle while drinking the motor vehicle even though his/her driver's license was revoked, the amount of his/her alcohol measured is very high, and the defendant was punished only once by 11 years since 2001, including the record of the first head's punishment sentenced in the judgment, and even after 201, the defendant was punished by 11 times due to drinking or non-licenseing. Furthermore, the above sentence is still in the period of repeated crime due to the power of the above sentence. However, the government district court of July 4, 201 that he/she had been sentenced to a fine after driving a motor vehicle once after being discharged.

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