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(영문) 서울북부지방법원 2016.04.28 2015고단3789
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 27, 2014, Defendant 3789 was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Seoul Western District Court on August 27, 2014, and on October 2, 2014, Defendant 1 was notified of a summary order of a fine of three million won as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.

Although the Defendant had been punished as a crime of violating the Road Traffic Act more than twice, the Defendant, without obtaining a driver’s license, driven a body car owned by the Defendant with C while under the influence of alcohol with approximately 0.061% alcohol concentration at about 150 meters from September 10, 2015 to around 53, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 57-ro 57-ro Do, 10,000 prior to the same Gu, from September 10, 2015 without purchasing mandatory insurance.

2. Defendant 4141, as in the preceding paragraph, has been punished for a violation of the Road Traffic Act (driving) more than twice, but without obtaining a driver’s license, Defendant 1 driven a body car with C owned by the Defendant with a alcohol concentration of 0.075% from approximately seven meters to the front of the “NONel” parking on November 2, 2015, which is located in the 80-ro, Dongdaemun-gu, Seoul, the head of Dongdaemun-gu, Han-gu, Seoul, to the front of the “NONel” parking on November 2, 2015 and located in the 18-ro, Han-ro, Han-ro, 18-ro, one.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at each week, and results of measurement of each alcohol alcohol (the numerical value of alcohol concentration in each blood);

1. The ledger of driver's licenses of each motor vehicle;

1. Inquiry into each mandatory insurance;

1. The results of inquiry, each judgment, and the application of statutes governing summary order;

1. Articles 148-2 (1) 1, 44 (1), subparagraph 1, and 43 of Article 152 of the Road Traffic Act concerning facts constituting an offense; Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment and the punishment for the violation of the Road Traffic Act between the crimes of violating the Road Traffic Act by driving under drinking or without a license shall be imposed on the crimes of serious punishment and the violation of the Road Traffic Act by driving under Article 2 of the same Act.

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