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(영문) 서울동부지방법원 2019.01.23 2018고단3602
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 6, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Seoul Northern District Court for six months. On October 25, 201, the same court was notified of a summary order of a fine of three million won for a violation of the Road Traffic Act. On April 6, 201, the same court was sentenced to a fine of two million won for a violation of the Road Traffic Act.

【Criminal Facts】

On October 2, 2018, the Defendant, without obtaining a driver’s license, driven CK-5 cars from around 2 kilometers from the street in Gwangjin-gu Seoul Special Metropolitan City to the street in the same Gu, around 0.154% under the influence of alcohol concentration of 0.154%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

1. Penalty provisions: Article 148-2 (1) 1, 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of a sentence: A series of records, including the recent suspension of imprisonment with prison labor, were recommitting again, on the grounds of sentencing, and the blood alcohol concentration in this case is high and illegal;

Imprisonment with prison labor shall be selected and sentenced to imprisonment.

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