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(영문) 서울중앙지방법원 2013.03.08 2013고단591
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

1. On August 24, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 23, 2008, and a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 23, 2008, and on October 16, 2008, the Defendant was sentenced to a summary order of 8 months, suspended sentence 2 years, 10 months, and 3 years of imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on October 28, 201, at the Seoul Southern District Court on October 28, 201, and the suspended sentence becomes final and conclusive on November 5, 2010.

2. On December 29, 2012, from around 02:20 to 02:40, the Defendant driven a Crocketing car owned by the Defendant with approximately 10 kilometers of blood alcohol concentration of about 0.286% in the section of approximately 10 kilometers from the Kandong-dong, Seocho-gu, Seoul, to the Han River (the direction of the whole) Olympic Games at the parking lot for the Han River Co., Ltd., Yandong-dong in Seocho-gu, Seoul, Seocho-gu, Seoul. 376-12.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The written request for appraisal (the blood alcohol appraisal report);

1. A written report on the occupancy of a motor vehicle from the driver;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of running a sound driving and the choice of imprisonment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include six times the criminal records of punishment for drinking or driving without a license. Furthermore, in 2008, the defendant was sentenced to a suspended sentence of eight months due to a violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of two months. In 2010, the defendant was sentenced to a suspended sentence of ten months.

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