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(영문) 서울북부지방법원 2017.08.17 2017고단2273
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Seoul Central District Court on August 28, 201, and on May 3, 2007, the Defendant was sentenced to a fine of 4 million won or more for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 3, 2007.

On May 28, 2017, the Defendant, without obtaining a driver's license for a motor vehicle at around 01:08, driven a Bben vehicle at around 8 kilometers in front of the 202 salary class in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with a alcohol concentration of 0.130% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

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 attached to decisions related to the same type of force, etc.);

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following circumstances: (a) the Defendant was sentenced to a fine for a non-exclusive license in 2007 and a non-exclusive license in 2008; and (b) the Defendant was sentenced to a suspended sentence of imprisonment under the condition that a non-exclusive license was issued for a non-exclusive license in 2014 and was sentenced to a suspended sentence of imprisonment under the condition that a non-exclusive license was issued for a non-exclusive license for driving in 2007 and 2008; and (c) the Defendant continued to drive a non-exclusive license in 2014 and was sentenced to a suspended sentence of imprisonment under the condition that a non-exclusive license was issued for a non-exclusive license for driving in 2014.

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