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(영문) 서울북부지방법원 2019.07.18 2019고단957
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On April 2, 2014, the Defendant was sentenced to two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court, and completed the execution of the sentence in the Chuncheon Prison on February 19, 2016. On April 5, 2013, the Seoul Northern District Court issued a summary order of KRW 3 million with a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and issued a summary order of KRW 4 million with the same court on February 8, 2018.

On January 25, 2019, at around 21:18, the Defendant driven a Poper car under the influence of alcohol with a blood alcohol concentration of 0.104% without obtaining a driver's license from around 50 meters from the front side of Ma in Yangyang-si L to theO located in N in Namyang-si, Namyang-si.

2. On May 3, 2019, the Defendant: (a) around 13:50 on May 3, 2019, the Defendant driven a R 130 vehicle without obtaining a driver’s license in the section of approximately 1.12km from the front day of the office of the Defendant in Q of Dobong-gu Seoul to the front day of the Seoul Northern District Court, Seoul Northern District Court, located in 749, around 14:0 on the same day.

Summary of Evidence

"2019 Highest 957"

1. Defendant's legal statement;

1. Report on the circumstances of a driver without a license and report on the circumstances of a driver without a license;

1. Inquiries about the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and investigation reports (the confirmation of repeated crimes). "2019 Highest 2065";

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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