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(영문) 서울중앙지방법원 2018.09.05 2017고단8666
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 12, 2013, the Defendant was notified of a summary order of a fine of one million won for a crime of violating road traffic laws at the Jung-gu District Court on February 12, 2013. On August 26, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

[2] Criminal facts [2017 Highest 8666] On August 20, 2017, the Defendant driven a DNA Q5-car under the influence of alcohol content 0.161% while under the influence of alcohol content 0.161%, without obtaining a driver’s license, from the front of the 212 East Village 227, Seocheon Village 212, an Eup/Myeon-ro, an Eup/Myeon-ro, 23:05 on the same day to the front of the entrance of the large apartment located in 235, an Eup/Myeon-ro, 23:05 on the same day.

[2018 Highest 1793] On February 3, 2018, the Defendant driven a E-Au Q5 car without a driver’s license in the section of approximately 200 meters to the front of the 212 Dong-dong, Hacheon-si, Eup, and the Eup/Myeon village located in the Republic of Korea, which is located in the Macheon-si, Macheon-si, Eup, and the Eup/Myeon.

Summary of Evidence

[2017 Highest 866]

1. The defendant's partial statement

1. Notice of the ledger of driver's licenses and the result of the control of drinking driving (2018 high class 1793);

1. Defendant’s legal statement

1. The application of Acts and subordinate statutes (netly 6) of tea inquiry and license inquiry (netly 6);

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 sentence of imprisonment with prison labor (the same type of crime during the period of suspension of execution);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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