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(영문) 서울중앙지방법원 2015.01.21 2014고단7270
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 3, 201, at the Seoul Central District Court, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) and a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on August 18, 2013. On April 25, 2014, the Defendant was sentenced to a summary order of 4 million won for a violation of the Road Traffic Act at the Seoul Central District Court on April 25, 201, and was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 3, 2014. The judgment becomes final and conclusive on May

【Criminal Facts】

Although the Defendant had been subject to three times punishment due to drunk driving, around September 5, 2014, around 06:52, the Defendant driven a vehicle in the C-Wing under the influence of alcohol content of 0.114% without obtaining a driver’s license in the section of approximately 2.7 km from the C-dong Station in Gangnam-gu Seoul, Seoul to the front of the service distance of approximately 74-2.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and investigation reports (report attached to the same attached military records and confirmation of the fixed date) and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the punishment for the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act has been imposed several times, and that the crime of this case was committed during the period of suspension of execution of the same crime, a strict punishment is inevitable and sentenced. However, the punishment is determined as ordered in consideration of the fact that the defendant's mistake is against his/her own mistake, and other sentencing conditions indicated in the records, such as the defendant's age, character and behavior and environment.

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