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(영문) 서울남부지방법원 2018.04.19 2018고단807
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 28, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 28, 2009, and a fine of KRW 3 million with the same crime at the same court on September 18, 2017.

Nevertheless, around 22:35 on February 10, 2018, the Defendant driven a d-learning car without obtaining a driver's license from the 200-meter section from the Guro-gu Seoul Metropolitan Government Guro-gu to the 59-gu Seoul Guro-gu Seoul Guro-gu, and from the 200-gu to the 200-Gu road before the traffic safety center.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Investigation report (the application of the above dmark);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) of the Act on the Mitigation of Small Quantity is that the defendant imitates his mother and lives together, and that the drinking volume is relatively low, etc. are favorable to the defendant.

However, there are many criminal records of traffic-related criminal punishment, such as the defendant's driving of alcohol without a license and driving without a license, and the fact that the defendant has been punished for driving of alcohol and driving of drinking again is difficult.

In full view of these various circumstances, the defendant shall be punished by imprisonment with prison labor, taking into account the age of the defendant and the conditions of sentencing under Article 51 of the Occupational Criminal Act.

It is so decided as per Disposition for the above reasons.

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