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(영문) 서울동부지방법원 2015.01.21 2014고단3286
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 21, 2008, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court on July 5, 2012 due to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On January 11, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving). On January 19, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Jung District Court on January 19, 2013.

【Criminal Facts】

On October 17, 2014, at around 08:45, the Defendant driven a DSS5 car under the influence of alcohol level of about 2 km from the front of Dongdaemun-gu Seoul, Seoul, to the long distance of 244 Kasan-ro, Gasan-ro, Seoul, Seoul, the residential area of which was 0.193%.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Investigation reports (demark);

1. Previous records of judgment: Criminal history records, etc., an inquiry report, an investigation report, a written judgment, a copy of a summary order, and the application of statutes to the results of inquiry into the case;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are against the defendant.

However, the sentencing conditions, such as the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., shall be determined in the same way as the order is comprehensively taking into account the following factors: (a) the Defendant has been under three times or more as a drunk driving; (b) the Defendant has been under the suspension of the execution; (c) the blood alcohol level is high; and (d)

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