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(영문) 서울서부지방법원 2019.07.11 2018고단2773
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 6, 201, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court’s Branch Branch on January 6, 201, and on March 16, 2017, the Defendant violated the provision on the prohibition of drunk driving at least twice by being issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act by the same court as on March 16, 2017.

【Criminal Facts】

around 15:40 on July 17, 2018, the Defendant, as a person who violated the provision prohibiting driving under the influence of alcohol twice or more, driven a CNA car without obtaining a driver’s license in the state of alcohol with a blood alcohol concentration of about 0.107% from around 1km to the roads in Mapo-gu Seoul, Seodaemun-gu, Seoul to the roads in front of Seoul.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

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

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that no previous case exists other than the fine);

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