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(영문) 서울동부지방법원 2016.04.27 2016고단163
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 11, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving), and on September 12, 2007, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (drinking driving) by the said court. On October 24, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court and its branch office.

On December 31, 2015, the Defendant driven Bcoon in the state of under the influence of 0.118% alcohol concentration from approximately 500 meters away from around the front day of the early moving site in the Hanam-si, Gyeonggi-gu, Seoul, to about 6:26:0 meters from the upper day of Gangdong-gu, Gangdong-gu, Seoul to the road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Making a statement on the circumstances of a driver driving a drinking, inquiry into the results of crackdown on drinking driving, and making an inquiry into the following matters;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., the following good circumstances) of the Criminal Act are against the defendant, and the defendant was the most likely to support his family. However, the defendant was punished by imprisonment with prison labor for eight months on October 24, 2012 due to driving under the influence of alcohol at around 2005, a fine of KRW 700,000,000 due to a fine of KRW 1.5 million due to a driving under the influence of alcohol at around 207, a suspended sentence of one year for a suspension of sentence of four months due to a driving under the same year, a fine of KRW 2 million due to a driving under the license without the same year, and a suspension of the execution of two years due to a driving under the influence of alcohol, a community service order, and

As above, even if the punishment of the fine was imposed more than two suspended sentence (including the above punishment, the fine is imposed and the suspended sentence is imposed more than twenty times in total due to violence.

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