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(영문) 서울서부지방법원 2016.11.15 2016고단45
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On February 5, 2014, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act, and on March 17, 2014, the Defendant issued a summary order of KRW 3 million with a fine of KRW 1 million at the Seoul Western District Court on the grounds of a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving). On December 1, 2015, the Defendant had the record of being sentenced to a fine of KRW 5 million at the Seoul Western District Court on the grounds of a violation of the Road Traffic Act and a violation of the Road Traffic Act (Unlicensed Driving).

【Criminal Facts】 On December 10, 2015, the Defendant, without obtaining a driver’s license on December 10, 2015, driven B automobiles in the section of approximately 2.5 kilometers from the Seodaemun-gu Seoul Seomun-gu, Seoul, Seomun-gu, Seoul, with a blood alcohol level of 0.124% under the influence of alcohol level.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving without a license, report on the circumstances of a driver without a license, and the register of driver's licenses;

1. Records of judgment: Criminal records, inquiry reports, each summary order, and application of statutes on judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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