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(영문) 서울동부지방법원 2018.12.13 2018고단2987
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on November 8, 2013, issued a summary order of KRW 3 million for a crime of violation of road traffic law at the Seoul Eastern District Court on the Seoul East District Court on February 26, 2007, including the issuance of a summary order of KRW 700,000 as a fine for the same crime at the Chuncheon District Court on February 26, 2007, three times the driving power of drinking, including the issuance of a summary order of KRW 700,000 as a fine.

[Criminal facts] On August 31, 2018, the Defendant driven Bone Star Frops under the influence of alcohol with approximately 0.083% alcohol concentration from the 3km section from August 31, 2018 to the same 2-ro 2-way road in the same Gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

On October 20, 2018, the Defendant 2018 J. 3693 driven the Bone Star Co., Ltd without a motor vehicle driver's license, from 55:00 to 42 km-ro, Namyang-si, Namyang-si, Namyang-si, Seoul Special Metropolitan City, around 42 km-ro, as of 09:20 on October 20, 201.

Summary of Evidence

"2018 Highest 2987"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. "Inquiry about criminal history, report on investigation (drinking, driving without a license)" 2018 Highest 3693;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had a record of being punished several times due to drinking, non-licensed driving, etc., and thereafter, the defendant's person is also the defendant's person in light of the fact that he again drives without a license.

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