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(영문) 서울북부지방법원 2017.04.20 2017고단797
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 5, 2014, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on December 5, 2014, and a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Seoul East District Court on January 30, 2015 and three times the driving force of drinking alcohol.

1. On February 3, 2017, the Defendant: (a) around 20:00 on February 3, 2017, 2017, driven a Dexton car without a driver’s license on the 57km section from the 17rd road of Dobong-gu Seoul Metropolitan Government to the Changdong Station located in the 11-gil 77-ro, Dobong-gu, Seoul Metropolitan Government.

2. On February 4, 2017, the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (driving alcohol), but around February 4, 2017, around 01:00, the Defendant driven a Dsch Rexton car under the influence of alcohol with approximately 5km alcohol concentration of 0.173% during blood without a vehicle driver’s license from the roads near the Changdong Station located in the 11-gil 77-ro, Dobong-gu, Seoul Metropolitan Government, Seoul, to the roads near the 70-lane 99, Seo-gu, Seoul Special Metropolitan City, Nowon-gu, to the waste piling 70-gil 99.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in the driving, report on detection of the driver involved in the driving, on-site photographs, and the register of driver's licenses;

1. Investigation report (applicable to the above dmark), investigation report (verification of the scope of driving of a suspect), investigation report (related to the amount of alcohol concentration in the blood during driving);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment has the record of having been punished three times on the past drinking driving.

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