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(영문) 서울동부지방법원 2012.12.13 2012고합459
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

(2012 Gohap581) The defendant is a person who drives a car by Efranchising.

At around 01:50 on May 31, 2012, the Defendant driven a section of approximately 500 meters around the mouth of the river, where it is impossible to find out whether or not it is spreading near the Mapo-gu Seodong, Mapo-gu, Seoul, while under the influence of alcohol content of 0.162%.

(2012 Gohap459) The Defendant, at the Seoul Eastern District Court on September 4, 2009, sentenced a fine of KRW 5 million to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On May 31, 2012, the Defendant driven under the influence of alcohol and violated the Road Traffic Act.

On September 5, 2012, at around 22:57, the Defendant: (a) had violated the two times, while driving a motor vehicle, etc. without obtaining a driver’s license in a section of about 800 meters from the front day of Sungdong-dong, Seongdong-gu, Seoul to the road in front of Sungdong-dong, Seoul, to the road in front of 427, Jyangdong-gu, Seoul; and (b) had again driven an E-Ler under the influence of alcohol concentration of 0.091%.

Summary of Evidence

(2012, 581)

1. Defendant's legal statement;

1. Control note;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the fact of crackdown on drinking (2012 high-class 459);

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: The defendant's legal statement, detailed statement of control (2012 Gohap581), report on detection of a drinking driver (2012 Gohaphap581), report on the circumstances of a drinking driver (2012 Gohap581), inquiry about the control of drinking driving (201 Gohap581), inquiry about the control of drinking driving (201 Gohap581), investigation report, such as criminal records, and the application of the Acts and subordinate statutes to report on dispositions and results of confirmation;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking under the influence of alcohol on May 31, 2012), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of drinking under the influence of alcohol on September 5, 2012) concerning criminal facts.

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