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(영문) 서울중앙지방법원 2016.09.21 2016고단2925
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 23:50 on April 23, 2016, the Defendant driven Dworka car under the influence of alcohol content of approximately 0.096% from the 6km section from the 2010m section in Gangnam-gu Seoul Metropolitan Government to the front road of the Afforestation building located in the same Gu.

around 11:05 on June 13, 2016, the Defendant driven Dworka car without obtaining a driver’s license from the second apartment in the same Gu, from the third apartment in the same Gu and from the third apartment in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to investigation reports (verification of temporary driver's license period, etc.);

1. Relevant Article of the Act and Articles 148-2 (2) 3, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include two times of suspended sentence due to driving without a license, including driving of alcohol and driving without a license, and the Defendant has a history of criminal punishment on several occasions. In addition, each of the instant drinking and driving without a license was conducted during the period of suspended sentence due to the previous driving without a license, while driving without a license was prosecuted due to driving without a license.

In light of the repeated criminal act and the attitude of disregarding the legal order of the defendant, the sentence of the defendant is inevitable.

Provided, That the punishment as ordered shall be determined in consideration of the fact that the defendant is against the defendant, the fact that there are some extenuating circumstances in the circumstances of each crime, and the age, family relationship, environment, etc. of the defendant.

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