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(영문) 서울중앙지방법원 2015.03.27 2014고단9046
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 21, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Central District Court on February 21, 2008, and was sentenced to a fine of 3 million won for the same crime at the same court on August 23, 201, and was sentenced to a fine of 3 million won for the same crime on November 8, 201, and the same court on November 8, 2013 was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act on November 16, 201, and is currently under the suspended sentence.

On November 13, 2014, at around 07:40, the Defendant driven a DK7 car under the influence of alcohol by 0.154% in the 1km section from the 1km section to the front road of the Gangnam-gu Seoul, Gangnam-gu, Seoul, as from the sco center building behind the sco center building in Gangnam-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Photographs;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. In light of the fact that the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished several times for the same type of crime, and that the defendant has not been aware of during the suspended execution period, and that the defendant was involved in an accident while driving at the same time without being aware of it during the suspended execution period, it is inevitable to sentence the defendant to

However, the fact that the defendant has divided his mistake, etc. shall be considered as a favorable condition to the defendant, and other circumstances shown in the arguments, such as the age, character and conduct of the defendant, motives and circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as the sentence as ordered.

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