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(영문) 서울서부지방법원 2017.03.21 2016고단1596
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 9, 201, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on March 9, 201, and on December 6, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Western District Court on December 6, 201, and on December 1, 2015, the Defendant was sentenced to one year of suspension of the execution of six months in imprisonment with labor for a violation of the Road Traffic Act (dacting driving) at the Seoul Western District Court on December 9, 2015.

On April 24, 2016, the Defendant, without a driver’s license of a vehicle around 00:20 on April 24, 2016, driven CPodive Dok-Uk-dong, Seodaemun-gu, Seoul, Seoul, a children’s park, with an increase in Seodaemun-gu, Seoul, up to approximately 25 meters on the front of the children’s park, the Defendant driven Cpod Podive Dok-Uk-dong, while under the influence of alcohol concentration of about 0.054% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. Investigation report (Binding report on the register of driver's licenses);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification during the period of drinking alcohol and suspended execution);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Based on the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentence shall be determined as ordered by taking into account the Defendant’s age, sex, environment, motive leading to the instant crime, circumstances after the instant crime, etc. in light of the sentencing conditions under Article 51 of the Criminal Act, such as the following circumstances:

O The defendant was punished five times due to drinking, including the previous records in the judgment, and even during the period of suspension of execution, was again driving under the influence of drinking without a license, so the corresponding punishment is imposed.

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