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(영문) 서울남부지방법원 2018.03.22 2017고단5991
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Common Criminal Records] On August 31, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act by the Seoul Western District Court, and on May 31, 2016, the Defendant was issued a summary order of KRW 2 million as a fine from the Suwon District Court’s House to the same crime.

At around 09:20 on September 28, 2017, Defendant 591 driven a car to be driven without a vehicle driver’s license in the state of alcohol 0.159% alcohol level from approximately 100 meters to the front of the cafeteria, “Seoul YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 5-ro 10-ro, Gangseo-gu, Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul, to the front of the cafeteria, 5-ro 12-ro, 5-ro.

around 01:40 on August 21, 2017, Defendant 352 driven the said car without a driver’s license in the state of alcohol concentration of approximately 0.218% in the 13km section from Geumcheon-gu Seoul, Geumcheon-gu to the front road.

Summary of Evidence

2017 Highest 5991

1. Court statements or records concerning the examination of suspects of the accused;

1. Statement of the circumstances of a driver who is placed in driving, a written statement of traffic accident occurrence, and notification of the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: References to inquiries, such as criminal history, and investigation reports (a summary order) 2018 highest 352;

1. Court statements or records concerning the examination of suspects by judicial police officers;

1. Statement of the circumstances of the driver at home, report of the situation of the driver at home and the details of control;

1. The driver's license ledger;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report, to statutes;

1. Articles 148-2(1)1 and 44(1) (not less than three times of drinking) of the Road Traffic Act concerning the facts constituting an offense under the relevant Act; Articles 148-2(2)1 and 44(1) of the Road Traffic Act (not less than 0.2% of alcohol in blood transfusion from August 21, 2017) of the Road Traffic Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act (no license is granted).

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