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(영문) 서울중앙지방법원 2017.05.31 2017고단949
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 27, 2016, around 23:30 on September 27, 2016, the Defendant driven an I-hurd-pured car owned by the Defendant without obtaining a driver’s license from the main point of “H” located in Seocho-gu Seoul Metropolitan Government G to approximately 2 km from the same 351-1 front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant was punished three times due to drinking driving or one time due to driving without a license, and in particular, the defendant was sentenced to the suspension of the execution of imprisonment due to drinking driving and again committed the crime without a license during the grace period.

However, in consideration of all the sentencing conditions including the fact that the crime of this case is committed on a mere unauthorized driving, etc., the sentence shall be determined as per the order.

Parts of innocence

1. On May 16, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violating road traffic laws at the Seoul Northern District Court on the charges of violation of the Road Traffic Act; on January 11, 2010, the Defendant was notified of a summary order of KRW 2.5 million for the same crime at the Seoul Central District Court on the charges of the same offense; on August 26, 2016, the Defendant was sentenced to a suspended sentence of six months for imprisonment with prison labor for the same crime at the Jungyang Branch District Court on the charges of the same offense, and the judgment was finalized on September

On September 27, 2016, around 23:30 on September 27, 2016, the Defendant driven an I-Wlured vehicle owned by the Defendant, while under the influence of alcohol from around 2km to around 351-1, 351-1, both of which are the same as that of “H” located in Seocho-gu Seoul Metropolitan Government.

2. Determination

A. It is rather impossible to determine whether the time when a person drives alcohol belongs to a national plane whose alcohol content in blood towards the highest value or belongs to a national plane that is being lowered after reaching the highest value.

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