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(영문) 서울중앙지방법원 2020.08.19 2019고단8166
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on February 13, 2014.

On October 26, 2019, at around 00:45, the Defendant driven a vehicle of 3 meters hump from C with a blood alcohol concentration of 0.114% under the influence of alcohol in front of Dongjak-gu Seoul Metropolitan Government.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Around 10:30 on April 23, 2020, the Defendant driven a vehicle of about 3 kilometers C Adon-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-

"200 Highest 3669"

1. Around 11:20 on March 25, 2020, the Defendant violated the Road Traffic Act (Free Driver’s License) driving a vehicle at approximately 11 km from the front side of Dongjak-gu Seoul, Seoul to the front day of Mapo-gu Seoul, without obtaining a driver’s license.

2. On March 25, 2020, the Defendant violated the Road Traffic Act: (a) around 11:20, at the front of Mapo-gu Seoul Mapo-gu Seoul, the Defendant, while driving without a license as mentioned above, was under the influence of a police officer to present an identification card; and (b) did not comply with a police officer’s request for presentation of an identification card; (c) went away about 700 meters in volume; and (d) carried out a traffic signal violation twice.

Summary of Evidence

"2019 Highest 8166"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Repulmonary measuring paper;

1. Criminal records "2020 Highest 2894";

1. Defendant's legal statement;

1. "Motor vehicle driver's license register";

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes governing patrol boxes and video CDs;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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