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(영문) 서울중앙지방법원 2017.09.19 2017고단3698
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2017 Highest 3698] On January 12, 2016, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic law (drinking) at the Seoul Northern District Court on May 25, 2016, and a fine of 2 million won for the same crime at the Seoul Western District Court on May 25, 2016. On January 17, 2017, the Defendant was sentenced to a suspended sentence of 1 year for the same crime at the Seoul Northern District Court on the same day.

On March 25, 2017, around 08:20, the Defendant driven a CEX car with a alcohol content of 0.123% 0.123% under the influence of alcohol without obtaining a driver’s license from around 42 km in Seodaemun-gu Seoul, Seoul to around 180, Jongno-gu, Seoul.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

[2017 Highest 5399] On January 12, 2016, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic law (drinking) at the Seoul Northern District Court on May 25, 2016, and a fine of 2 million won for the same crime at the Seoul Western District Court on May 25, 2016. On January 17, 2017, the Defendant was sentenced to a suspended sentence of 1 year for the same crime, etc. at the Seoul Northern District Court.

As above, the defendant not only violated the regulations prohibiting driving of alcohol twice or more but also did not have a driver's license.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.17% in blood around April 29, 2017, driven a 2 km C EX car from the roads near the Seoul Mapo-gu Red Station to the front of the 76 new xE car at approximately 76 km-ro, Seodaemun-gu, Seoul Western-ro.

Summary of Evidence

【2017 order 3698】

1. Statement by the defendant in court;

1. The circumstantial statements prepared in the main state;

1. The driver's license ledger 【2017 Height 5399】

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 judgment:

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