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(영문) 서울중앙지방법원 2016.03.09 2016고단203

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On February 25, 2009, the Defendant was sentenced to a summary order of 1.5 million won to a fine for a violation of road traffic laws (driving driving) at the Seoul Central District Court on February 25, 2009, and on December 13, 2012, the Defendant was sentenced to a fine of 8 million won due to a violation of road traffic laws at the Seoul Western District Court on December 13, 2012, and on July 25, 2014, the Defendant was sentenced to imprisonment of 1 year and 6 months for a violation of the Punishment of Violences, etc. (joint conflict) at the Seoul Southern District Court on July 25, 2014, and completed the execution of the sentence at the Southern Southern District Court of Seoul Southern District on May 15, 2014.

[Criminal facts] On November 17, 2015, around 04:12, the Defendant driven a benz E300-car under the influence of alcohol leveling 0.162% from the 1km section of approximately 1km to the first road in the same Gu’s identity from the new forest station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the same Gu’s identity.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (booms, CCTV images);

1. A report on detection of drivers of drinking alcohol and records of measurement of drinking alcohol;

1. Previous convictions in the judgment: Inquiry about criminal history, personal identification and confinement status, summary order and judgment [Attachment 18], reporting on the results of confirmation of previous convictions in the disposition, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities are as follows: (a) the Defendant, even though having twice the driving force of alcohol, once again, was under drinking in a condition exceeding 0.1% of alcohol concentration in the blood.

In addition to drinking driving, there have been many records of punishment, suspension of execution, and fines for crimes such as violence, and the crime of this case has been committed during the period of repeated crime.

In addition to the above circumstances: