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(영문) 서울중앙지방법원 2019.09.06 2019고단2600
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2007, the Defendant, at the Seoul Central District Court, issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, and issued a summary order of KRW 5 million for the same crime at the same court on May 18, 2017, respectively.

On March 11, 2019, the Defendant, without obtaining a driver's license, driven the Clater's car under the influence of alcohol concentration of 0.123% in the five-meter section of the front road of Seoul Jung-gu, Seoul.

The defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the regulation of drinking driving, report on the circumstances of drinking drivers, and record of the measurement of drinking;

1. Vehicle driving surface register;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

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