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(영문) 서울중앙지방법원 2018.04.11 2018고단797
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 19, 2017, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Seoul Central District Court, which was sentenced to a suspended sentence of 2 years on April 27, 2017. On October 17, 2008, the Seoul Southern District Court sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on November 6, 2008, the Defendant was sentenced to a suspended sentence of 1 year for a crime of violating the Road Traffic Act at the Seoul Central District Court on two or more occasions.

On December 27, 2017, around 23:41, the Defendant driven an EM5 vehicle under the influence of alcohol concentration of 0.151% without a driver’s license, in approximately 150 meters from the roads near the Seoul Jung-gu Seoul Central District Office 211, Dasan-ro, Seoul Central District Office to the roads near the 76-gil 33, 76-gil 33, the same Gu compost Doz.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Place as a result of drinking;

1. The driver's license ledger;

1. References to inquiries, reports on the results of confirmation prior to each disposition, each judgment, and application of Acts and subordinate statutes concerning summary order;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. There are extenuating circumstances, such as the fact that the Defendant recognized the crime and reflects on the reason of sentencing under Article 53 of the Criminal Act and Article 55(1)3 of the Criminal Act, and the driving distance of drinking is less than 150 meters.

However, even though the defendant was under suspension of the execution due to drinking, he was driving without a license again.

Even during the period of the above suspension of execution, the defendant was sentenced to a fine by driving without a license and the defendant was sentenced to a suspension of the execution of drinking driving on two occasions.

This situation includes this situation.

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