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서울북부지방법원 2017.09.14 2016고단1223
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 18, 2012, the Defendant was sentenced to three years of imprisonment by the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On November 2, 2014, the Defendant completed the execution of the sentence in the Jin prison.

On April 8, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:30, driven a vehicle with a alcohol content of 0.11% in the blood while under the influence of alcohol from 4.19:0 to 69-1.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the current status of execution of the punishment of a suspect), personal identification/ confinement status Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The circumstances, such as the fact that: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though there was a history of punishment for driving of alcohol and driving without a license, led to the instant crime during the period of repeated crime; and (b) the fact that it is against the law, are considered.