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(영문) 서울중앙지방법원 2019.01.16 2018고단7777
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On June 28, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Seoul Western District Court for the purpose of violation of the Road Traffic Act, and was currently pending in the appellate trial. On May 8, 2017, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the Daegu District Court on May 8, 2017, and a summary order of KRW 4 million for the same crime at the Seoul Central District Court on December 20, 2017, respectively.

1. Around 05:37 May 20, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) driving from around 14 km to around 0.07% of blood alcohol concentration from the street room in front of the store located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu to the front of the building in Seocho-gu Seoul, Seocho-gu, Seoul, and driving a DNA car under the influence of alcohol with 0.07% of blood alcohol content.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, driven a motor vehicle while under the influence of alcohol.

2. Violation of the Road Traffic Act (Unlicensed Driving) includes driving of a Dbenz motor vehicle without obtaining a driver's license at the time, place, and place stated in paragraph (1), and the same year from May 13, 2018.

9. By no later than 13.1, a person driving a Dobs car without obtaining a driving license over a total of 11 times, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and the driver's license ledger (A);

1. The screen pictures for checking each control photograph, each parked vehicle photograph, the 'P' CCTV image closure room, the closure of the crime prevention CCTV images, the investigation report (related to the safe driving distance without a suspect's license), the closure of Qu display screen, and the management of unmanned control data;

1. Previous convictions indicated in the judgment: Criminal history records, probationary orders, copies of indictment, three copies of outputs of the proceedings of the Supreme Court, investigation reports (Attachment of a copy of the judgment), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes reporting;

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of sound driving) concerning facts constituting a crime, and subparagraph 1 of Article 152 of the Road Traffic Act; and

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