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(영문) 서울동부지방법원 2015.01.22 2014고단853
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 27, 2011, the Defendant was sentenced to one year to imprisonment with prison labor at the Seoul Eastern District Court for the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving), and the parole period was expired on October 28, 201 during the execution of the sentence and on December 12, 2011. On July 11, 2013, the Seoul Eastern District Court was sentenced to a fine of KRW 10 million for the violation of the Road Traffic Act (Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving) and was sentenced to a fine of KRW 10 million at 12 times.

On February 2, 2014, around 20:16, the Defendant driven Bab B while under the influence of alcohol concentration of 0.231% without a motorcycle driver's license in the 2km section from the front road of the Gwangjin-gu Seoul Metropolitan Government to the front road of 567 in Songpa-gu, Songpa-gu, Seoul.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. A written consent to the collection of the blood, a written request for appraisal, a written appraisal of blood alcohol, a report on the detection of drinking drivers, and a report on investigation (applicable with the Madmark);

1. Registers of driver's licenses;

1. Previous for previous convictions: Criminal history records, references to each disposition, results of confirmation, investigation reports (in relation to the decisions and copies of summary orders), and copies of each judgment attached thereto, and the application of Acts and subordinate statutes governing summary orders;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act heavier than that of the punishment, and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) is due to multiple drinking andless driving, such as the first head of the judgment.

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