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(영문) 서울서부지방법원 2016.11.10 2016고단2495
도로교통법위반(음주운전)등
Text

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

except that 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

1. The defendant of criminal records was issued a summary order of a fine of five million won at the Seoul Western District Court on July 16, 2012 for a violation of the Road Traffic Act, and on September 6, 2013, after he/she was sentenced to a suspended sentence of six months by the same court for the same crime on September 6, 2013, he/she was sentenced to a suspended sentence of two years by the same court on July 8, 2014; on July 16, 2014, he/she was sentenced to one year and eight months by imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.), and the said judgment became final and conclusive on July 16, 2014; on March 30, 2016 during

9.4. The parole period has expired.

2. Criminal facts;

A. On June 14, 2016, the Defendant driven a stoke without a license, under the influence of alcohol level of about 0.368% from the section of about 1km from the road of the stoke-dong Seoul Mapo-gu Seoul Metropolitan Government to the road of the same new road, at around 22:04, the Defendant driven a stoke-in without a license, under the influence of alcohol level of about 0.368%.

Accordingly, the defendant, even though he had the influence of drinking driving more than twice, was driving under the influence of alcohol and driving without the license again.

(b) No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance of motor vehicles;

Nevertheless, the Defendant operated an off-to-face without any number of mandatory insurance, such as the preceding paragraph, at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Requests for appraisal;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and investigation reports (attached to criminal records, criminal records, summary orders, etc.);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) of the Road Traffic Act, and Article 154 of the Road Traffic Act; and

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