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(영문) 서울중앙지방법원 2017.05.23 2017고단1849
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 15, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic laws (drinking), etc. in the leisure support of the Suwon Friju Friwon method, and on March 23, 2010, the Defendant was sentenced to a summary order of 2.5 million won for the same offense, etc. from the Sungnam branch of the Suwon District Court.

On March 7, 2017, around 23:20, the Defendant driven a H car under the influence of alcohol leveling to 0.140% of alcohol level without a driver’s license, from the subway station prior to the subway station at the Seoul Southern-ro, Seoul Southern-ro, 1822, to the road prior to 1707 in south-ro, south-ro, Seoul-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (Confirmation of the same type of judgment);

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. It is so decided as per Disposition on the grounds of not less than Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) of the Criminal Act.

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