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(영문) 서울중앙지방법원 2016.11.23 2016고단5535
도로교통법위반(음주운전)등
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on April 23, 2007; a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 13, 2009; and a fine of KRW 5 million for a violation of the Road Traffic Act from the Incheon District Court’s Branch Branch on July 30, 2015 to the Incheon District Court’s Branch on July 30, 2015.

On June 6, 2016, from around 02:00 to 02:30, the Defendant driven an I camping car from around 300 meters from the front of Gwanak-gu in Seoul Special Metropolitan City to the front of the Seoul Special Metropolitan City, while under the influence of alcohol by 0.124% without a driver’s license.

2. Defendant B driven a car under the influence of alcohol level of 0.124% without a driver’s license, as described in paragraph 1.

While the Defendant knows that a male-friendly arrest A committed a crime corresponding to a fine or heavier punishment as above, on June 6, 2016, at around 02:40, the Defendant made a false statement to K of the police box belonging to the police box of the Gwanak-gu Police Station in Gwanak-gu, Seoul Special Metropolitan City, as if the Defendant was a drunk driver, and made a false statement to K of the police box of the Gwanak-gu Police Station in charge of drinking on the roads front of Gwanak-gu, Seoul Special Metropolitan City

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the result of crackdown on drinking driving, the report on the circumstantial statement of a drinking driver (Evidence List No. 2, 4);

1. Report on the result of crackdown on drinking driving, report on the circumstance of a drinking driver, and statement on the vehicle operation fact (Evidence List 20, 21, 22);

1. Registers of driver's licenses;

1. 112. List of reported cases;

1. Investigation report (CCTV video recording report);

1. Investigation report (the result of analysis of the A and B currency details);

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 151 of the Criminal Act concerning criminal facts;

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