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(영문) 서울북부지방법원 2016.07.05 2016고단2021
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On October 20, 2006, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on June 11, 2007, issued a summary order of 2,50,000 won of a fine for a violation of the Road Traffic Act at the Seoul Central District Court on September 21, 2007. On September 21, 2007, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at the Seocheon Branch of the Incheon Central District Court on April 8, 2015.

[Criminal facts]

1. On April 15, 2016, the Defendant, on April 15, 2016, driven a vehicle without obtaining a driver’s license in the section of approximately 30km from the front of the principal office to the front of the office of the Defendant located in Seongbuk-gu Seoul, Seoul, without obtaining a driver’s license, on April 15, 2016, in the section of approximately 30km from the front of the principal office to the front of the office of the Defendant located in Seongbuk-gu, Seoul at approximately 19:30 meters.

2. Violation of traffic laws on roads by April 17, 2016 and violation of traffic laws on roads (driving without a license).

A. On April 17, 2016, at around 13:30 on the same day from the front of the Defendant’s house, the Defendant driven the above van without obtaining a driver’s license from around 9km section from around 14:00 to the front road of the 212-11 (No. 212-1) of Dobong-gu Seoul Metropolitan Government, Dobong-gu.

B. At around 17:16 on the same day, the Defendant driven the above van while under the influence of alcohol content of 0.19% while under the influence of alcohol, without obtaining a driver’s license, from approximately 1.3km section from the front of the said apartment, to the 2nd of the 1.3km road in Dobong-gu Seoul Metropolitan City, Dobong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a driver who engages in driving, keeping a record of drinking measurement, the ledger of driver's licenses for motor vehicles, and making a tea investigation;

1. A previous conviction in judgment:

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