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(영문) 서울동부지방법원 2015.12.10 2015고단3056
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 15, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on the grounds of a violation of the Road Traffic Act, and on November 13, 2013, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 13, 2013, and was sentenced to a suspended sentence of two years on November 21, 2013, and the same criminal records are six times.

【Criminal Facts】

On August 21, 2015, at around 23:46, the Defendant driven a D-hurd-hurd-hurd-hurd-hurd-hurd-hurk-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg, Songpa-gu, Seoul, to around 21 Hyundai Apartment-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act of the suspended execution (the defendant has been sentenced five times to a fine due to a violation of the Road Traffic Act, and on November 13, 2013, the Suwon District Court sentenced two years of suspended execution to six months of imprisonment for a violation of the Road Traffic Act at the Suwon District Court on November 21, 2013, which became final and conclusive on November 21, 2013, and committed the instant crime, even during the suspended execution period. While the blood alcohol concentration in the instant case is very high, the Defendant is led to confession and reflect, and the Defendant is working for treatment, such as the evidence of dependence on the use of alcohol, and the cross-border, etc. after the instant crime was committed (in relation to this, the doctor E at the Han River University Hospital affiliated with the Han River University Hospital E on November 28, 2015).

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