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(영문) 서울동부지방법원 2016.09.08 2016고단2181
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 3, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court on December 3, 2007, and on October 23, 2008, the Defendant issued a summary order of KRW 1 million for the same crime at the same court on September 3, 2009, and on September 3, 2009, the Defendant issued a summary order of KRW 1.5 million for the same crime at the Jungbu District Court on September 3, 2009, and on June 9, 201, the Defendant was released on April 29, 201, from Seoul Southern Prison on parole on the parole on April 29, 2016 during the execution of the sentence, and is during the period of parole (pre-determined to the expiration of the term of punishment on November 3, 2016).

Although the Defendant was punished twice or more for a violation of the Road Traffic Act (driving) as above, around 00:20 on June 26, 2016, the Defendant driven a B SP car under the influence of alcohol of about 2km from the 2km section of approximately 0.141% of blood alcohol concentration to the 113rd road in Gangnam-gu, Seoul, Gangnam-gu, Seoul, Seoul, a Gabro on the roads of the Kacheon-gu Dok-dong (Gaak-dong) to the 51rd road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Investigation reports on criminal records, etc. and the application of Acts and subordinate statutes concerning criminal records, investigation reports (related to criminal records of a suspect);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. The Defendant again committed the instant crime even though he/she was punished three times by a fine due to a drunk driving, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and thereby, committed the instant crime, the blood alcohol concentration is high, and the drinking control is destroyed and escaped.

The sentence of imprisonment shall be imposed in consideration of the arrest point, the recidivism during the period of parole, etc., and the sentence shall be determined in consideration of favorable circumstances, such as the fact that a mistake is pened.

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