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(영문) 서울북부지방법원 2020.02.13 2019고단4747
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. On February 3, 2015, the Defendant was punished by a fine of KRW 6 million for a violation of the Road Traffic Act at the Seoul Northern District Court on February 3, 2015.

On September 6, 2019, at around 02:31, the Defendant driven a Dbenz car without a driver’s license from approximately 17 km section to the point of 21 km in the Seoul direction on the Gyeong-si Highway located in Seocheon-si B, Seocheon-si.

2. On November 15, 2019, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving, driven a DNA car with a blood alcohol content of about 0.136% under the influence of alcohol without a vehicle driver’s license from around 4.5 km to around the Seoul Seongbuk-gu, Seoul, Nowon-gu, to around 07:04, Nov. 15, 2019.

Summary of Evidence

"2019 Highest 4747"

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Report on the circumstantial statements of a drinking driver, notification of the results of crackdown on drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. A car driving license ledger;

1. Previous records of judgment: Criminal records, etc. and criminal investigation reports "2019 Highest 5414";

1. Report on circumstantial statements of a drinking driver, investigation report, notification of the results of crackdown on drinking driving, investigation report (calculated of blood alcohol concentration);

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (Attachment to the same type of criminal records, written judgments, indictments of pending cases, etc.);

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 and 6 of the Criminal Act for discretionary mitigation, shall be punished by a fine on two occasions by driving under the influence of alcohol.

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