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(영문) 서울중앙지방법원 2018.12.12 2017고단5321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 150,000 won.

When the defendant does not pay a fine, 50.

Reasons

Punishment of the crime

[2017 Highest 5321]

1. On July 3, 2017, the Defendant, while under the influence of alcohol content of 0.140% from blood transfusion on July 3, 2017, the Defendant driven D 124CC at the front of Dongjak-gu, Seoul to the front of Dongjak-gu, Seoul and the front of Dongjak-gu, Seoul, with no driver’s license.

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license again.

[2017 Highest 5970]

2. The crime on July 7, 2017;

A. On July 7, 2017, the Defendant: (a) was driving a motor bicycle on the front side of the building in Dongjak-gu Seoul Metropolitan Government, while driving a DVL125 engine bicycle on the front of the building in front of the building in Dongjak-gu; and (b) was reported by 112 that the Defendant was suspected of drinking; (c) the Defendant was driving a bicycle under the influence of drinking, such as smelling the Defendant from the slope G belonging to the Seoul Dongjak Police StationF box called out after receiving a 112 report that the Defendant was suspected of drinking.

There are reasonable grounds to determine a seal, and from around 01:57 of the same day to around 02:21 of the same day, a person was requested to comply with the measurement of drinking alcohol by inserting the whole breath in three times on the same day, but failed to comply with a police officer's request for measurement of drinking without justifiable grounds.

B. At the time of the day specified in paragraph (1), the Defendant driven a bicycle without obtaining a motor device bicycle license within approximately 175 meters from the front of the I convenience store in Dongjak-gu Seoul Metropolitan Government H to the front road of the same building.

Summary of Evidence

[2017 Highest 5321]

1. Statement by the defendant in court;

1. Report on detection of a driver at the main place of business and the register of driver's licenses for motor vehicles (2017 high group of 5970);

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Article 148-2 (1) of the same Act concerning criminal facts) of the relevant Act;

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