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(영문) 서울중앙지방법원 2015.08.28 2015고단2974
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On June 16, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court; on October 26, 2010, the same court issued a summary order of KRW 4 million for the same crime; on April 6, 2012, the court was sentenced to a suspended sentence of KRW 6 months for the same crime; and on July 27, 2012, the same court was sentenced to a suspended sentence of KRW 2 million for the same crime of violation of the Road Traffic Act at least twice.

[2015 Highest 2974] On April 16, 2015, the Defendant driven a Cpoter cargo vehicle under the influence of alcohol level of about 0.261% from the 1km section from the front of Jongno-gu Seoul University to the 35th road of the same Doung-dong Maungdong-dong Maungdong-dong.

[2015 Highest 4043] On March 18, 2015, the Defendant driven C cargo under the influence of alcohol level of about 0.216% from the section of the section of 300, from the 300th place to the front road of the entrance of the first parking lot, from the 932 Goin market Korea Office located in Songpa-gu Seoul Metropolitan Government, to the front road of the entrance of the first parking lot.

Summary of Evidence

[2015 Highest 2974]

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The circumstantial statement of the driver of the alcoholic beverages station (2015 high-ranking 4043);

1. Defendant's legal statement;

1. A written statement concerning the police suspect examination protocol against the accused;

1. The actual condition survey report;

1. The circumstantial statement of the driver of the alcoholic beverages station:

1. Criminal records;

1. Application of Acts and subordinate statutes to report an investigation (report on confirmation of criminal records of the same kind of crime);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A variety of rulings of two suspended sentence are included in the crime of the same kind with the same reason for sentencing in Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the reason for the remaining sentence”), including the case of two suspended sentence.

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