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(영문) 서울중앙지방법원 2014.11.19 2014고단7311
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 28, 2012, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court on September 24, 2013 as a fine of KRW 4 million for a violation of the Road Traffic Act, the Seoul Western District Court issued a summary order of KRW 5 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the violation of the Road Traffic Act, and the violation of the Road Traffic Act. On November 8, 2013, the Seoul Central District Court sentenced the suspension of the execution of the sentence of KRW 6 months for a violation of the Road Traffic Act at the Seoul Central District Court on November 16, 2013, which became final and conclusive on November 16, 2013.

【Criminal Facts】

On July 12, 2014, at around 04:45, the Defendant driven a B-crin car without a driver’s license in a state of alcohol alcohol concentration of approximately 00 meters from the front day of the drinking house in the trade in the French-dong B-dong, Seocheon-gu, Seocheon-si to the front day of the same original road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, as well as the fact that the crime of this case was committed during the period of suspended execution of the same crime, and that the blood alcohol concentration was high, etc., a strict punishment is inevitably imposed. However, the punishment as the order shall be determined by taking into account the fact that the defendant’s mistake is against himself/herself, and other factors of sentencing indicated in the records, such as the defendant’s age, character and behavior

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