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(영문) 서울남부지방법원 2018.07.03 2018고단2304
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

【The Defendant was issued a summary order on August 29, 201 to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on August 29, 201, and issued a summary order on November 25, 201 to a fine of 6 million won for a violation of the Road Traffic Act at the Incheon District Court on November 25, 2014, and on May 14, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Southern District Court on May 14, 201, and on January 13, 201, the Defendant was sentenced to a summary order issued at the Seoul Southern District Court on January 13, 2016 to a fine of 7 million won for a violation of the Road Traffic Act.

【Defendant Appellant violated Article 44(1) of the Road Traffic Act at least twice, but, around March 24, 2018, around 18:33, the vehicle driver’s license was not granted on the section of approximately 600 meters from the 49-ro 34,000-ro 34,000 to the same 426-ro, Gangseo-gu, Seoul Metropolitan Government, and driving Gsch-ton car under the influence of alcohol concentration of 0.153%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in the judgment: Inquiry about criminal history, investigation report (the confirmation of criminal history of the same kind), each summary order, and application of the text of the judgment;

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 for the ordinary concurrent crimes (the punishment heavier than punishment and the punishment provided for in a crime of violating the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantities are as follows: (a) the Defendant, other than the criminal records as stated in its reasoning, has more than three times the records of punishment for driving under drinking, and the records of punishment for driving without a license are also more than four times.

A drinking or non-license shall be permitted on several occasions.

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