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(영문) 서울동부지방법원 2016.08.10 2015고단1835
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 18, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on June 14, 2014, and completed the execution of the sentence at the Sungdong detention center on June 14, 2014. On May 1, 2014, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Seoul East Eastern District Court on May 1, 2014, and on April 15, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Sungnam-nam Branch Support of the Suwondong District Court on April 15, 2015.

On June 20, 2015, the Defendant again driven C UAD car while under influence of alcohol with 0.133% alcohol concentration on the road front of Songpa-gu Seoul Metropolitan Government B without obtaining a driver's license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger and the driver's report on the circumstances of the driver's license;

1. Previous conviction: Application of the Acts and subordinate statutes on inquiry, personal identification and acceptance status;

1. Article 148-2 (1) 1 (Article 148-2 (1) 2 of the Road Traffic Act, subparagraph 2 of the written indictment, is evident that it is a clerical error referred to in subparagraph 1), Article 44 (1) (driving) and Article 152 (1) and Article 44 (1) (non-licenseed driving) of the relevant Act on the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act to refrain from driving again while making a confession of a crime by an investigative agency;

consideration, such as the fact that such action occurred)

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