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(영문) 서울남부지방법원 2014.02.18 2013고단4776
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2008, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Seoul Western District Court on December 10, 2008; on September 11, 2009, the Defendant was issued a summary order of two million won by a fine at the Seoul Central District Court on February 11, 201; on February 11, 201, the Seoul Central District Court issued a summary order of one million won by a fine for a violation of the Road Traffic Act (free license) at the Seoul Central District Court on November 7, 2011; on February 7, 2013, the Defendant was issued a summary order of five million won by a fine for a violation of the Road Traffic Act (free license for a violation of the Road Traffic Act) at the Seoul Southern District Court on February 7, 2013; and on February 25, 2013>

On October 31, 2013, the Defendant was under the influence of alcohol of 0.10% by blood alcohol concentration without obtaining a driver’s license at around 23:53 on October 31, 2013. On the roads near the new disease control area in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant driven a B Pote car at approximately 8 km from the roads near the new disease control area in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to the roads above 345-4,

Accordingly, the defendant, without obtaining a driver's license, has violated the prohibition of driving under the influence of alcohol not less than twice, and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal 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. A driver's license inquiry;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order of related cases and reporting accompanying judgments);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative imprisonment with prison labor (applicable only to the same type of crime, and considering the fact that the crime of this case was committed during the period of probation);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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