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(영문) 서울서부지방법원 2018.05.03 2017고단3448
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[2] On May 16, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic laws at the Seoul Central District Court on May 16, 2012; on September 20, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic laws at the Seoul Central District Court on September 20, 2012; on November 20, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws at the Jung-gu District Court on November 20, 2013; and on October 17, 2014, the Defendant was sentenced to a suspended sentence of 10 months for a violation of road traffic laws (driving under drinking), and on September 30, 2015, the Defendant was released on September 27, 2015 during the execution of the sentence at the Ansan Prison.

On August 17, 2017, the Defendant, while under the influence of alcohol level of 01:10% among the blood transfusions, operated C Daelim CA 110-V bicycle riding devices at the section of approximately 200 meters from the front side of the New Village Hospital in Mapo-gu Seoul, Mapo-gu, Seoul to the front side of the window 110-gu in the same Gu, while under the influence of alcohol level of 0.172%.

As a result, the defendant was punished for drinking more than twice, and was driving again.

around 14:24 on February 20, 2018, the Defendant driven Dunst Motor Vehicle from around 20km to about 40km-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, without obtaining a driver's license.

Summary of Evidence

[2017 Highest 3448]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (2018 highest 733);

1. Statement by the defendant in court;

1. Registers of driver's licenses of motor vehicles [previous convictions in the judgment] (so far as 2017 high-ranking 3448 evidence records);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (the period of repeated crime and the records of the same kind of crime);

1. The relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning criminal facts, Articles 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and each imprisonment with prison labor.

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