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(영문) 서울동부지방법원 2019.01.10 2018고단3250

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On February 29, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court. On January 5, 2015, the same court was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

around 21:50 on September 13, 2018, the Defendant driven an Oralba under the influence of 0.118% of alcohol concentration 0.118% without obtaining a motorcycle driver’s license for the distance of about 1km from the front of Songpa-gu Seoul to the front of D in the same Gu C from the front of Songpa-gu Seoul to the front of D in the same Gu.

As a result, the Defendant again driven a motorcycle under the influence of alcohol without obtaining a motorcycle driver's license in violation of the provisions of the Road Traffic Act prohibition.

On September 4, 2018, the Defendant 2018 Godan365, without obtaining a driver's license, driven a G-learning car from around 1km to around 0.14% of alcohol concentration in blood around 02:10 on September 4, 2018.

Summary of Evidence

"2018 Highest 3250"

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. A report on the actual state of the driver;

1. The ledger and guidance of driver's licenses for motor vehicles: "2018 Highest 3365";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and subparagraph 1 of Article 152 of the Road Traffic Act (the point of driving without a driver's license);

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

1. Selection of the penalty;