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(영문) 서울중앙지방법원 2015.10.16 2015고단3061

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2007, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, on September 24, 2008, a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 24, 2008, and on April 10, 2015, the Seoul Western District Court received a summary order of KRW 5 million from the Seoul Western District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 9, 2010, and completed the execution of the sentence at the Seosung vocational training prison on April 27, 2014.

1. Around April 23:25, 2015, the Defendant driving a Bho-do car without obtaining a driver’s license in the section of about 50 km from the front of the “Uan-do Hotel hotel” located at 45, Yacheon-si, Yacheon-ro, Yacheon-ro to the point of the Dong-dong Highway (In the direction of Mancheon-si) of the Suwon-si, Gyeonggi-do to the point of the Dong-dong Highway (In the direction of Mancheon-do).

2. On April 22, 2015, the Defendant driven a vehicle specified in paragraph (1) while under the influence of alcohol 0.093% of alcohol level without obtaining a driver’s license, at around 08:13, the distance of approximately three meters from the street above 718-35, Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan Government Station 718-35).

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, summary orders of the Seoul Western District Court No. 2015 High Court No. 2015 High Court Decision No. 554, criminal investigation reports (current status of personal identification and confinement), and application of Acts and subordinate statutes to investigation

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act concerning the facts constituting the crime; and