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(영문) 춘천지방법원 강릉지원 2017.07.13 2017고단655
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On March 5, 2007, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court. On August 30, 2007, the Defendant was sentenced to imprisonment with prison labor for six months in the same court due to the same crime, etc. at the same court on March 27, 2008, six months in imprisonment with prison labor for the same crime, etc. at the same court on October 20, 2010, and eight months in imprisonment with prison labor for the same crime, etc. at the same court on February 15, 2013. On May 14, 2015, the Defendant was sentenced to six months in imprisonment with prison labor for the same crime, etc. at the same court on November 8, 2015.

1. On April 29, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) on the road: (a) around 11:00, the section 9km from the front of the Defendant’s residence in Gangnam-si to the front place of the seat of the seat of the Yung-si, the Defendant driven a vehicle of approximately 9km from the front of the Defendant’s dwelling in Gangnam-si to the front place of the seat of the Yung-si, and (b) one of the areas located near the 17:08 on the same day to the mate parking lot located near the front place of the 74-4 (pent-Myeon), and (c) one of the above days around 17:56 on the same day from the Mt parking lot to the front of the said Defendant’s dwelling, without obtaining a driver’s license.

2. On April 29, 2017, the Defendant: (a) driven a Category D New C motor vehicle under the influence of alcohol level of about 0.151% from a set parking lot to the front road of the Defendant located in C, at around 74-4 located in the city of Gangseo-si, Gangnam-gu, Seoul, Seoul; (b) around 17:56 on April 29, 2017, in a state of alcohol level of about 9km from the set parking lot to the front road of the Defendant located in C.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. CCTV image data;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;

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