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(영문) 서울남부지방법원 2015.03.12 2014고단4810
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Around 00:30 on November 19, 2014, the Defendant driven a 50-meter B Bbedian car from the front side of the Seoul Yeongdeungpo-gu Seoul Metropolitan City Young-ro 4-ro 9 Seoul Hotel to the front side of the fourth-ro 27-1, Seoul Yeongdeungpo-gu 27-1, while under the influence of alcohol with a 0.104% alcohol concentration.

On November 3, 2006, the Defendant was indicted on the violation of the Road Traffic Act by Suwon District Court of Seoul on November 3, 2006 for a summary order of KRW 1.5 million, and on January 16, 2009, the same court received a summary order of KRW 1.5 million for the same crime, and on December 16, 2014, the Defendant was charged with non-detained for the same crime with the Seoul Southern District Court of Justice.

On December 12, 2014, the Defendant driven a blood alcohol concentration of 0.117% at around 00:15, the Defendant driven a 0.3km B B km or a car at approximately 0.3km from the street near the Incheon Jung-dong Incheon Jung-gu, Jung-gu, Incheon to the 134th new middle school.

Accordingly, the defendant, while under the influence of alcohol not less than twice, has driven a vehicle under the influence of alcohol, and again, he was under the influence of alcohol.

Summary of Evidence

"2014 Highest 4810"

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the actual state of running a motor vehicle on a motor vehicle under the direction of the motor vehicle under the influence of alcohol;

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of criminal records, repeated statements, copies of summary orders, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2, 44 (1), 148-2 (1) 1, and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the crimes above) among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is three times for the defendant to commit the crime of drinking and driving without a license.

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