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(영문) 서울중앙지방법원 2013.05.01 2013고단1733
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 30, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for a violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on February 10, 2012 for a violation of the Road Traffic Act.

On February 3, 2013, at around 15:40, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.106%, driven a Dpote car at the 3km section from the front side of the 2nd Gidong, Gangnam-gu, Seoul, Seoul, to the front road of the 5nd apartment complex located in the 5rd Dong, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Statement of the circumstantial statement of a drinking driver, and statement of the results of the control of drinking driving;

1. Entry of a copy of the vehicle driving license register;

1. Statement of investigation report (the application of the Tramark formula);

1. Previous conviction: Entry of inquiry report, application of each of the Acts and subordinate statutes in which a copy of each summary order is entered;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable circumstances that can be seen as the reason for sentencing below) has the history of having been sentenced to a fine twice due to a drunk driving. In addition, around November 23, 2012, the defendant was sentenced to two years of suspension of execution on the grounds of a violation of the Road Traffic Act (recognition refusal) and a violation of the Road Traffic Act (non-licenseless driving) and sentenced to two years of suspension of execution on December 1 of the same year, and the judgment became final and conclusive on December 1 of the same year, again repeats drinking and non-licensed driving for a period of two months even during the suspension of execution, and the current Road Traffic Act is more strict in cases where a person who has violated the prohibition of drunk driving more than twice again

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