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(영문) 서울동부지방법원 2019.08.14 2019고단1791
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for one year, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

On July 27, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on April 4, 2016, a fine of KRW 5 million for the same crime in the Sungnam Branch of Suwon District Court.

On June 1, 2019, at around 02:33, the Defendant driven a DNA strawing car with approximately 200 meters alcohol concentration 0.137% under the influence of alcohol without obtaining a driver's license from the Do in front of the funeral hall of the C Hospital located in Seongdong-gu Seoul Metropolitan Government from the Do in Seongdong-gu to the Cial-ro street in Seongdong-gu Seoul.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the same provision, while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Records of drinking alcohol measurement, and the register of driver's licenses;

1. Application of statutes concerning criminal records;

1. Articles 148-2 (1) 1, 44 (1), 152 subparagraph 1, and 43 of the former Road Traffic Act (amended by Act No. 16037);

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of punishment: Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order, etc.: Criminal Act 62-2;

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