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(영문) 서울서부지방법원 2016.04.08 2015고단1443
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 8, 2006, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Seoul Western District Court on December 8, 2006, a fine of five million won for the same crime in the same court on March 20, 2008, and a suspended sentence for six months for the same crime in the same court on October 21, 2008.

1. The Defendant committed the crime on April 15, 2015 [Violation of the Road Traffic Act (Drinking)] was a person who violated the “Regulation on Prohibition of Driving under the influence of alcohol” at least twice. On April 15, 2015, the Defendant driven Bpf motor vehicle under the influence of alcohol concentration of approximately 0.182% in alcohol level in the middle-gu bus stop located in the city of the same city from the front day of a non-cafeteria high school located in the Jungdong-gu, Busan Metropolitan City to the front day of the bus stop located in the middle-gu, Busan Metropolitan City to the middle-gu, Busan Metropolitan City of 2km.

2. The Defendant committed the crime on May 28, 2015 (driving on Drinking, Violation of the Road Traffic Act (Free Driver’s License) and Violation of the Road Traffic Act (Free Driver’s License)) was a person who violated at least twice the “Regulation on Prohibition of Driving under the influence of alcohol” as above, and on May 29, 2015 (see, e.g., Supreme Court Decision 00:20:5.22, May 29, 2015 (see, e.g., Supreme Court Decision 2km from May 28, 2015, Jun. 2, 2015) in the area of approximately 2km in the direction of the Soyang-gu, Seoyang-gu, Seoyang-gu, Busan High School located in the Dongdong-gu, Seoyang-gu, Busan High School, to the front day of the CP village oil station in the same city without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against D;

1. A report on the detection of the driver at each driving school, a report on the circumstances of the driver at each driving school and a report on the circumstances of the driver at each driving;

1. The driver's license ledger (the number No. 30 shall be the table of evidence);

1. Response to a request for appraisal;

1. Records: Application of written inquiries about criminal history and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense.

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