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(영문) 서울북부지방법원 2017.03.14 2016고단5936
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of road traffic law at the Seoul Western District Court on September 22, 2014, and a fine of KRW 4 million for the same crime, etc. at the Seoul Northern District Court on November 4, 2014. On May 20, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime, etc. at the Seoul Northern District Court on May 28, 2015 and was sentenced to a two years for a suspended sentence of imprisonment for the same crime, etc. at the Seoul Northern District Court on May 28, 2015, and is currently under suspended sentence.

[2] On October 28, 2016, around 23:44, the Defendant driving a motor vehicle with approximately 700 meters wide from the front side of the 302 Rap Apartment apartment 302, which is located in the field of the Island of Seoul Special Metropolitan City, Nowon-gu, Seoul, to the lower side of the subordinate center located in the 4-ro lux in the same Korean language lux, without obtaining a driver’s license, and driving a motor vehicle with a e-burged vehicle with a alcohol content of about 0.142% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The following facts are considered: (a) even during the period of suspension of execution for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the Defendant’s age, sex, environment, means and consequence of the instant crime; and (c) various sentencing conditions specified in the instant argument, such as the Defendant’s age, sex, environment, means and consequence of the instant crime;

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