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(영문) 서울중앙지방법원 2017.01.16 2016고합1051
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of one million won for a crime of violating road traffic laws at the Daejeon District Court's Branch on December 26, 2006, and on September 7, 201, the Seoul Southern District Court issued a summary order of 1.5 million won for the same crime; on June 28, 2012, the Defendant was sentenced to a fine of seven million won for the same crime at the Seoul Southern District Court; on September 17, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of road traffic laws (refluence of drinking), and the said judgment became final and conclusive on September 25, 2015.

[Criminal facts] The defendant not only has such criminal records but also has no driver's license.

Nevertheless, on July 24, 2016, the Defendant driven approximately 1 km from the road in front of the 74-ro, Gwanak-gu, Seoul Special Metropolitan City, to the front road of the 216-ro, Seocheon-ro, 216, while under the influence of alcohol content of around 07:10 on July 24, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Research on the presumption of the concentration of alcohol in blood transfusions from among blood transfusions based on the aforementioned dmark formula, as a result of checking the fact of vehicle operation, a statement of vehicle operation, a statement of confirmation, the results of crackdown on drinking driving, the records of inquiries about the management of vehicle driving driver's license, the records of drinking measurement, the records of records of drinking measurement, the records of telephone conversations, the results of inquiry about the detection of suspects in violation of the Road Traffic Act ( drinking or non-licenses), the CCTV video data CDs,

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, investigation report (verification of the same criminal history and probation period of a suspect A), the sentence of Seoul Southern District Court Decision 2015 High Court Decision 2015 High Court Decision 3191 High Court Decision 2015 High Court Decision 2012 High High Court Decision 532 High Court Decision, Seoul Southern District Court Decision 2012 High Court Decision 3192 High Court Decision 201 High Court Decision 2006 High Court Decision 2006 High Court Decision 13484 High Court Decision

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 148-2 (1) 1 and Article 152 (1) and Article 43 (Unlicensed Driving) of the Road Traffic Act.

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