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(영문) 서울서부지방법원 2015.11.17 2015고단2454
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 13, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court, and on December 15, 201, issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving), and on July 28, 2015, at the Seoul Western District Court, issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving), and on July 28, 2015, the Defendant violated the prohibition clause of drinking at least twice.

On September 18, 2015, the Defendant, without obtaining a driver’s license at around 23:10 on September 18, 2015, driven D Poter truck at approximately 0.1km from the front of the office of the Defendant, located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, with a blood alcohol concentration of 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a review of the results of the crackdown on drinking driving (Evidence No. 7 pages of evidence);

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, each summary order, and application of statutes governing the judgment;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include not only the history that the defendant was punished for driving under the influence of alcohol, but also the history of causing traffic accidents while driving under the influence of alcohol without a license, and that the defendant once driving under the influence of alcohol after being sentenced to a suspended sentence on July 28, 2015, which was sentenced to a suspended sentence on July 28, 2015, and again driving under the same case during the suspended sentence for which two months have not elapsed, it is necessary to punish the defendant strictly.

On the other hand, it is against the defendant.

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