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(영문) 서울서부지방법원 2016.06.28 2016고단1335
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

1. On May 23, 201, the Defendant received a summary order of KRW 2.5 million from the Seoul Central District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on October 10, 201, the Seoul Western District Court issued a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act (licenseless driving) and a violation of the Road Traffic Act (licenseless driving).

2. Around May 13, 2016, the Defendant driven a B-crare car under the influence of alcohol leveling 0.176% without a driver’s license on the section of about 12 Km from the road near the Sungdong-gu Seoul Metropolitan Government, to the front road of the Master’s School located in Eunpyeong-gu, Seoul, would normally be 35 (meltdong).

As a result, the defendant, even though he had the influence of drinking driving twice, was driving under the influence of drinking and driving without a license again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of previous conviction and summary order, etc.);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) of the Act on the Mitigation of Small Quantity have the record of having been already punished twice due to drinking, as stated in the record of the crime in the judgment of the defendant, and furthermore, there was a record of having been sentenced two years to a suspended sentence on November 21, 2013 due to a violation of the Road Traffic Act (e.g., refusal of measurement) and a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

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