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(영문) 서울북부지방법원 2017.07.20 2016고단5514
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 17, 2008, the Defendant was sentenced to a fine of six million won for a crime of violating road traffic laws (drinking driving) at the Seoul Eastern District Court on July 17, 2008, and was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul East Eastern District Court on October 30, 2013, and completed the execution of the sentence at the Sungdong District Court on June 21, 2014.

1. On December 3, 2016, the Defendant was under the influence of alcohol by 0.092% during blood transfusion around 23:06 on December 3, 2016, the Defendant driven C cab in the 1km section of approximately 32m from the front side of the KT Dobong branch in Dobong-gu Seoul, Dobong-gu, Seoul to the 32-ro, such as Seoul Navy, and from the front side of the GT Dobong branch in the Changdong-dong, Dobong-gu, Seoul to the front side of the apartment.

2. Violation of the Road Traffic Act (drinking driving) and Violation of the Road Traffic Act (D 0.080% of alcohol without a license) (d 2017 order 2601) were driven by the Defendant without a prescribed driver’s license, and on June 12, 2017, at the section of approximately 300 meters from the telephone station located in Dobong-gu Seoul, Seoul, to the front day of the same “fluor village” as the same “fluor village” in the same manner from the telephone station located in Changdong-dong, Dobong-gu, Seoul around June 12, 2017.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle without a license under the influence of alcohol.

3. Violation of the Guarantee of Automobile Compensation for Loss (2017 highest 2601) Defendant 1 operated the above Oral Ba, which was possessed by the Defendant, who did not subscribe to mandatory insurance at the above date and place, on the road as above.

Summary of Evidence

2016 order 5514

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol (2017 altitude 2601);

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous records of decisions on mandatory insurance;

1. Written inquiry about criminal history, etc.;

1. A report on investigation (attaching a sentence, etc.);

1. Application of statutes governing judgment;

1. Article 148-2 (2) 3 of the Road Traffic Act concerning facts constituting a crime;

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