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(영문) 서울동부지방법원 2017.02.08 2016고단4025
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Seoul Southern District Court on April 2, 2008, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on April 2, 2008; the summary order of KRW 1.5 million for the same crime at the Seoul Western District Court on January 9, 2013; the summary order of KRW 1.5 million for the same crime at the Seoul Western District Court on April 17, 2015; the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death or Injury caused before death) at the Seoul Southern District Court on April 17, 2015; and the above judgment was sentenced to a suspended sentence of two years for a period of imprisonment for the said period of six months

On November 4, 2016, around 01:27, the Defendant driven a frighting car without obtaining a driver's license from the vicinity of the Sungdong-gu Seoul Metropolitan Government to the same road in Gwangjin-gu, Seoul to the same 34th day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of the driver's license in the main place and the driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, investigation report (former and confirmation, summary order, and attachment of judgment) and statutes;

1. Article 148-2 (1) 1, Article 44 (1) (driving of Drinking), Article 152 subparagraph 1, and Article 43 (Unlicensed Driving) of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the defendant has already been punished for drinking three times as stated in the previous conviction in the judgment of the court, and driving again of drinking while being punished for drinking. In particular, in 2015, it is inevitable to punish the two victims by causing a sudden accident due to drinking, and driving again without drinking or non-license during the period of suspension of execution after being sentenced to two years of a suspended sentence for six months.

However, he/she does not drive under the influence of alcohol again;

In addition, there are no additional punishment records except the three times of punishment, and the age of the defendant.

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