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(영문) 서울중앙지방법원 2017.03.07 2016고단7166
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 26, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Seoul Central District Court, KRW 3 million for the same crime at the Seoul Western District Court on January 31, 2008, KRW 3 million for a fine at the Seoul Western District Court on April 10, 2008, and KRW 3 million for the same crime at the Seoul Central District Court on April 10, 2008, respectively. On April 5, 2013, the Defendant was sentenced to a suspended sentence of one year for the same crime.

[2016 Highest 7166] On September 20, 2016, the Defendant driven a FMW car under the influence of alcohol of 0.168% from the 1km section of blood alcohol from the rode distance in Gangnam-gu Seoul Metropolitan Government to the 635th roads in the same new-dong, new-dong 635.

【2017 order 358】

1. On November 22, 2016, the Defendant has driven a vehicle while driving FMW car on the front side of Seongbuk-gu Seoul Metropolitan Government on the road, under the influence of alcohol, such as smelling from the Defendant’s entrance from the slope H belonging to the Seongbuk-gu Seoul Seongbuk Police Station, smelling alcohol at the Defendant’s entrance, driving the vehicle under the influence of alcohol, such as he/she snicking with snow, raising the snow on the face, raising the redlight.

Even though there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument three times, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

2. Around November 22, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driven a FMW car without obtaining a driver’s license from around the station at the Seongbuk-gu Seoul Metropolitan Government Seongbuk-gu entrance to around 2km from around the same G road to the same G road.

Summary of Evidence

【2016 order 7166】

1. Statement by the defendant in court;

1. The fact-finding report of the driver at the main place of business 【2016 senior group 7166】

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A previous conviction in its ruling: A reply to inquiry, such as criminal history, investigation report (so far as 2016 order).

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