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(영문) 서울동부지방법원 2017.11.09 2017고단2381
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. by the Seoul Southern District Court, and on May 15, 2015, the Seoul Southern Southern District Court completed the execution of the sentence.

On July 06, 2017, the Defendant, without a driver’s license, driven the FMW car from approximately 500 meters away from the 0.233% alcohol concentration in blood at around 04:47 on July 06, 2017 to the intersection of the Sejong-dong Hospital in Gangnam-gu, Seoul to the 21st intersection of Seongdong-gu, Seongdong-gu, Seoul.

『2017 고단 2547』 피고인은 자동차 운전면허를 받지 아니하고 2017. 7. 29. 20:40 경 서울 강남구 논현동 248-7 ‘ 임 페리 얼 팰리스 호텔’ 앞 도로에서부터 같은 구 논현동 124-18 앞 도로에 이르기까지 약 1km 구간에서 G 페라리 599GTB 승용차를 운전하였다.

Summary of Evidence

"2017 Highest 2381"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Whether to output the measuring instruments for drinking;

1. "Inquiry about the results of crackdown on driving drinking, 2017 high group 2547";

1. Statement by the defendant in court;

1. On-site photographs;

1. Statement of the borrower;

1. "Prior record of judgment" of the driver's license ledger;

1. References to inquiries, such as criminal history, and application of the statutes on personal accommodation;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 (the point of driving without Driver's License) of the Traffic Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant, prior to the instant crime, was subject to criminal punishment by driving without a license or driving under drinking, etc., several times prior to the instant crime, on the grounds of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

During the period of repeated crime, the Defendant committed the instant 2017 high class 2381 high class 2381 high class and driving without a license.

Since the 23th generation of the foregoing, the instant order 2017 Godan 2547 driver's license again is driving.

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