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(영문) 서울서부지방법원 2014.10.23 2014고단2133
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

On April 7, 2009, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act in the Busan District Court's Branch Branch of the Incheon District Court on April 7, 2009. On September 8, 2010, the Defendant was sentenced to a fine of two million and five hundred thousand won for the same crime at the Incheon District Court on September 8, 2010. On July 23:54, 2014, the Defendant again driven a C car under the influence of 0.141% alcohol concentration from the 7km section of Mapo-gu Seoul Metropolitan Government from the Maamdong to the entrance of the distribution bridge of Yongsan-dong, Yongsan-gu.

On April 7, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Incheon District Court's Branch of the Incheon District Court on April 7, 2009. On September 8, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on September 8, 2010. On August 14, 2014, the Defendant again driven a vehicle at C in the section of about 15 km from the 1607-1 SBS Content Support Road of Mapo-gu Seoul, Mapo-gu, Seoul to the road before the long-term charging 104-1 long-term charging station of Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and the inspection of the results of the drinking driving control;

1. Reporting on criminal records, previous records of disposition, and results of confirmation, and applying Acts and subordinate statutes to criminal investigation reports (attached to the previous records and summary order);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

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

1. The same year in which the reasons for sentencing under Article 62-2 of the Social Services and Criminal Act are repeated, and in particular, the same year has not passed since it was controlled as drinking on July 21, 2014;

8. 14. Re-driving on 14. The fact that the driver drivess a drinking again, the fact that there are no criminal records other than twice a fine due to drinking driving, and other various sentencing conditions as shown in the arguments in this case.

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