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(영문) 서울남부지방법원 2014.06.12 2014고단1476
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 8, 2005, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 14, 2006, and received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 14, 2006. On March 13, 2009, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon Western Branch Branch of the Incheon District Court on March 13, 2009. On September 26, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months with labor for a crime of violation of the Road Traffic Act (driving

On April 27, 2014, at around 06:30, the Defendant driven a Cinti Vehicle while under the influence of alcohol of 0.157% 0.157% without obtaining a driving license in approximately 2km section from around 4-7 to 06:40 on the same day, as the former National Assembly, from around 67:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

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

1. Application of a copy of driver's license ledger;

1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the crime;

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

1. In light of the fact that the defendant was punished for driving under the influence of alcohol on several occasions on September 26, 2013 and again committed the instant crime during the period of suspended execution after being sentenced to the imprisonment for eight months on September 26, 2013 and the imprisonment for two years on September 26, 2013, a sentence of sentence on the defendant is inevitable.

On the other hand, the sentencing conditions, such as the defendant's age, character and behavior, environment, and circumstances after the crime, shall be determined as ordered by considering the following factors.

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