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(영문) 서울동부지방법원 2012.11.15 2012고합485

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

Criminal power is sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on May 18, 2007, and a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act on May 13, 2011, and the same court on July 20, 201 was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, and the same court on July 20, 2012 was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act in the same court on July 28, 2012, and the said judgment became final and conclusive as of July

Criminal facts

1. Around September 5, 2012, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on September 5, 2012, the Defendant again driven a two-way cargo vehicle under the influence of alcohol with a blood alcohol concentration of 0.086% while driving a motor vehicle under the influence of alcohol and without a driver’s license, even though no person is driving a motor vehicle under the influence of alcohol at least twice in the section of approximately 2.5km from the front side of the Madong-dong branch of Seongdong-gu Seoul to the road of about 300:5 on the same day from September 21, 2012.

2. On September 20, 2012, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on September 20, 2012, around 21:45, and around 21:5, the Defendant again committed a violation of the provisions of paragraph (1) at least twice while driving a motor vehicle, etc. under the influence of alcohol at a section of about 100 meters from the front side of the marinadong-dong branch in Seongdong-gu Seoul to the front road of about 21:50 meters on the same day while no person is driving the motor vehicle under the influence of alcohol at least twice, and driving again the motor vehicle under the influence of alcohol concentration of 0.096% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of each drinking driver, inquiry of the results of crackdown on drinking driving, the place of drinking output, and the place of measurement of drinking alcohol;

1. The driver's license ledger;

1. Previous records: Application of inquiry statements, such as criminal records, reports on investigation records before and after the disposition, and reports on investigation records (Attachment of the same type of case judgment and reports on the fixed date);

1. Criminal facts;

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