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(영문) 서울중앙지방법원 2018.03.07 2017고단7578
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 29, 2017, around 20:35, the Defendant driven a 3km car from the 17th Doro, Seoul Special Metropolitan City, to the 1474 south-ro, south-ro, south-ro, 1474, without a driver's license, while under the influence of alcohol content of 0.163% while driving a ftibane car without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (driving, etc. under drinking);

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. It is difficult to exempt the Defendant from punishment on the grounds that the Defendant had a variety of records of driving alcohol, etc., on multiple occasions, and in particular, the instant crime was committed during the suspended sentence due to the crime of refusing to measure drinking, etc.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's recognition of the crime and reflects the fact that the case is a simple unauthorized license, drinking driving, and other various sentencing conditions, such as the defendant's age, sex, environment, power, criminal records before suspension of execution, circumstances leading to the crime of this case, drinking volume, and circumstances after the crime.

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