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(영문) 의정부지방법원 2019.02.15 2018고단3127
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 23, 2016, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 23, 201, and a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 8, 2011.

On May 15, 2018, at around 04:00, the Defendant driven an EM6 car without obtaining a driver’s license in a section of about about 10km from the street in the city B to the Do government-si Durel parking lot. The Defendant driven an EM6 car while under the influence of alcohol content of about 0.059%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. Each written opinion;

1. Each report on investigation;

1. Each investigation report (to be directed by the prosecutor);

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The defendant, on May 18, 2007, was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on May 18, 2007. On August 28, 2009, this court was sentenced to a fine of KRW 6 months for a violation of the Road Traffic Act or a violation of the Road Traffic Act (free license). On November 8, 2011, the Seoul Western District Court was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act or a violation of the Road Traffic Act (free license). On September 23, 2016, this court was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (free license) at the Seoul Western District Court on November 8, 2011. On September 23, 2016, this court was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (Free license).

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