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(영문) 서울서부지방법원 2016.12.13 2016고단2498

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2016 Highest 2498"

1. On February 2, 2007, the Defendant issued a summary order of KRW 2.5 million at the Seoul Western District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, on November 3, 2008, a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Western District Court on November 3, 2008, and on March 31, 2016, a summary order of KRW 5 million for a violation of the Road Traffic Act was issued by the Seoul Western District Court.

2. On June 20, 2016, the Defendant: (a) around 09:03, driven a cknife vehicle with blood alcohol concentration of about 300 meters at a section of about 300 meters from the red control road in Seodaemun-gu Seoul Metropolitan Government to the red control distance of about 489 in the same Gu, without obtaining a driver’s license; and (b) driven a cknife vehicle under the influence of alcohol concentration of about 0.171%.

As a result, the defendant was punished for drinking twice or more, and was engaged in drinking and driving without a license.

Around 02:00 on September 12, 2016, the Defendant, without a car driver’s license, driven a Kanche vehicle at approximately 10 meters away from the vicinity of the Masan Elementary School in Mapo-gu Seoul to the 84th-ro, Mapo-gu, Seoul.

Summary of Evidence

"2016 Highest 2498"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the results of the crackdown on drinking driving, the register of driver's licenses, and the circumstantial report of the driver;

1. Records of judgment: Criminal history records, inquiry reports, and investigation reports (verification of criminal records of a suspect's drunk driving);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (No. 2016 highest 2498) shall be imposed on a violation of the Road Traffic Act with heavier punishment.