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(영문) 의정부지방법원 고양지원 2016.04.08 2016고단278
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 7, 2006, the Defendant was issued a summary order of KRW 3 million by the Seoul Western District Court for a crime of violation of road traffic laws, etc., and KRW 4.5 million by a fine at the Seoul Western District Court on June 15, 2012 for a crime of violation of road traffic laws.

[Criminal facts]

1. On January 14, 2016, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol concentration of 0.097% in blood, while under the influence of alcohol leveling to approximately 3 km from the 10:12 Bone Star Co., Ltd. to the west-dong and the east-ro, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si.

【2016 order 418】

2. On December 31, 2015, the Defendant driven Bone Starsch Rexroth under the influence of alcohol content of about 0.128% at the 2km section from the front side of the Gansan-dong Pream Hospital in Yongsan-gu, U.S. to the front side of the 160-ro, U.S., Masan-dong, U.S. Masan-dong, U.S., to the Gansan-dong, U.S., 15:10.

【2016 order 757】

3. On January 7, 2016, around 14:00, the Defendant: (a) driven a Bone Star 6-line car in the influence of alcohol leveling approximately 0.202% of alcohol level from the 15km section to the road front of the “construction materials department store” located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul at around 14:40 on the same day; (b) the Defendant was under the influence of alcohol leveling from the 15km section to the road front of the “construction materials department store.”

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving at home (2016 high group 278), inquiry into the results of crackdown on drinking (2016 high group 418), and the circumstantial report of the driver working at home (2016 high group 757 high group 757);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and investigation reports (Attachment to previous rulings) among the evidence referred to in subparagraph 278 of the Highest 2016 Highest 278;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Although the Defendant appears to be against the reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant had two previous convictions.

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