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(영문) 서울남부지방법원 2015.06.11 2015고단1669
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On July 19, 201, the Defendant received a summary order of KRW 2,50,00,000 from the Suwon District Court's Busan District Court's Busan District Court's Busan District Court's Branch on November 1, 201 due to the same crime, etc.

On May 7, 2015, at around 23:30, the Defendant, at around 0.9km-dong, driven B Poter truck under the influence of alcohol concentration of 0.094%, without obtaining a driver’s license from the front side of the luminous Lighting-dong, Seoul Original road to about 0.9km-ro, Guro-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the Defendant was sentenced to a total of six times of punishment for drunk driving and the crime of unlicensed driving on June 27, 2013, and the judgment became final and conclusive on June 27, 2013 due to the crime ofless driving, six months of imprisonment, and two years of suspended sentence, and the Defendant again committed the instant crime during the suspended sentence, even though he was sentenced to a fine, it is inevitable to sentence the Defendant on the grounds that the Defendant committed the instant crime.

On the other hand, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered in consideration of the fact that the defendant recognizes and reflects the crime.

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