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(영문) 서울중앙지방법원 2017.09.08 2017고단4765
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 8 million for a violation of road traffic laws at the Seoul Central District Court on September 12, 2013. On October 19, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years on August 27, 2016 and was sentenced to a suspended sentence of KRW 8 million for a violation of road traffic laws at the Seoul Central District Court on October 19, 2016. The judgment becomes final and conclusive on October 27, 2016.

[2] The Defendant: (a) was a person who violated the Road Traffic Act by drinking two or more times; (b) from around 11:29 on June 20, 2017 to from around 12:17 on the same day, the Defendant driven CK5 car under the influence of alcohol content 0.201% without obtaining a driver’s license from the front side of the “Embropo,” located in 3-lane 7, Seocho-gu Seoul, Seocho-gu, Seoul, to the front side of the “Embropo,” which is located in 3-lane 7, Seocho-gu, Seocho-gu, Seoul, to the 18-ro 9 miles-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the situation of driving at home, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), output of the result of drinking alcohol measurement, and notification of the result of crackdown on driving at home;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Statement of control, statement of 112 reported cases, and investigation report (No. 15 and No. 16 once a year);

1. Previous convictions: A reply to inquiry, such as criminal history, each investigation report (No. 12, No. 19) and each investigation report attached to the above investigation report, the search report of the person subject to investigation, each written judgment, and each summary order Acts and subordinate statutes shall apply;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a sentence of imprisonment with prison labor (the defendant has already been punished for drinking or non-licenseing on several occasions, but again commits the instant crime (the driving of drinking).

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