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(영문) 서울서부지방법원 2017.02.09 2015고단2707

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 1, 2006, the Defendant was sentenced to a fine of KRW 2,50,000,000 to a fine of KRW 1,500,000,000 for the same crime, from the Suwon Friwon method to a violation of the Road Traffic Act (driving of Drinking), on February 1, 2008, from the Seoul Southern District Court on July 7, 2008, to a fine of KRW 2,00,000 for the same crime, and from September 17, 2014 to a fine of KRW 6,00,000 for the same crime.

Defendant is a person who has violated the provision on “the prohibition of driving under the influence of alcohol” at least twice. On October 17, 2015, around 23:16, the Defendant driven B X-ray car under the influence of alcohol concentration of 0.108% while under the influence of alcohol during blood without obtaining a driver’s license, from the frontway in the vicinity of the Hayang-gu, Seoyang-gu, Seoul to about 105-37, Seomun-gu, Seoul.

Summary of Evidence

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

1. The circumstantial report of the driver of a vehicle driving, inquiry of the results of crackdown on drinking, and the register of driver's licenses;

1. Records of judgment: The results of inquiry and the application of Acts and subordinate statutes of Part IV of summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;