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(영문) 의정부지방법원 2016.11.25 2016고단3904
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal record] On December 7, 2006, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 7, 2006. On October 10, 2012, the Defendant was sentenced to six months of imprisonment with labor due to the same crime, etc. at the Seoul East East District Court on April 8, 2013, and completed the execution of the sentence in the North East Eastern Prison Prison.

[Criminal Facts] On September 15, 2014, around 01:43, the Defendant driven CMW 520d car volume with approximately 0.117% alcohol concentration on the road near the Seo-gu Yandong, Seo-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Inspection of the results of the crackdown on drinking driving (the criminal records on the market);

1. Criminal records;

1. Investigation report (report on confirmation of the date of release A of a suspect);

1. Application of Acts and subordinate statutes to report criminal investigations (report on binding, such as a copy of judgment on the same type of crime);

1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the crime;

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

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

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