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(영문) 서울서부지방법원 2016.07.05 2016고단961
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 13, 2009, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on April 20, 2010, the Defendant was sentenced to imprisonment for eight months and two years of suspension of execution for a violation of the Road Traffic Act at the Seoul Western District Court on April 20, 201, and was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Seoul Central District Court on November 18, 201, and was sentenced to a summary order of KRW 7 million on May 9, 2014 for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on May 24, 2015. The Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving without a license) at the Seoul Western District Court on September 24, 2015.

around 22:30 on January 30, 2016, the Defendant written the written indictment in G under the influence of 0.135% of alcohol content in blood without obtaining a driver’s license from the front of the drinking house in which it is impossible to know the trade name in Mapo-gu Seoul Mapo-gu, Seoul, to the road 148 (Ssan-dong) front of the Seoul Mapo-gu World Cup, and the road. However, even if it is obvious that it is a clerical error, and even if it is corrected without changing the written indictment, it is not deemed that it would cause a substantial disadvantage to the Defendant’s exercise of his right to defense, such correction shall be made ex officio.

The driver has driven a low-speed car.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Making a statement on the circumstances of the driver involved in driving, making a report on the detection of the driver involved in driving, and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: A reply to inquiry, such as criminal history, and application of each summary order and 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is based on the sentencing of Article 53 and 55(1)3.

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