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(영문) 서울동부지방법원 2014.09.01 2014고단2070
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

【Criminal Power】 On March 11, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on March 11, 2008, and on January 13, 2011, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jungwon District Court on January 13, 201, and on August 29, 2013, the Defendant completed the execution of the sentence by the Suwon District Court on February 18, 2014.

【Criminal Facts】 On April 18, 2014, at around 14:20, the Defendant driven a CM7 car from the roads near the Taenam-si Mandong Station to the roads in Songpa-gu, Songpa-gu, Seoul, without a driver’s license, while under the influence of alcohol at 0.145% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records before ruling: Application of criminal history records, inquiry reports, and criminal investigation reports (complicated copies, etc. of judgment)-related statutes;

1. Relevant provisions of Article 148 (1) 1, Article 44 (1) (a) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 32 concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act due to a heavier drinking operation, and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has been the same as the first head of the judgment in 2008. In particular, even though the defendant was sentenced to punishment for 10 months due to the violation of the Road Traffic Act (hereinafter referred to as "driving") due to the crime of violation of the Road Traffic Act, he again renders a driving without a driver's license even though she was sentenced to punishment for 10 months, and she was released from the two months, and her driving without a driver's license. The her driving level is relatively high, while the defendant denies the fact of driving under the police, the defendant requested D as a taxi driver while denying the fact of driving

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