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(영문) 서울북부지방법원 2018.04.26 2018고단231
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at the Seoul Northern District Court on January 2, 2012, is a person who has violated Article 44(1) of the Road Traffic Act after having been sentenced to a suspended sentence of two years for six months or more due to a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on July 5, 2013, a fine of five million won for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on October 17, 2013, and a person who has violated Article 44(1) of the Road Traffic Act at the Changwon District Court on two or more occasions.

In addition, on September 22, 2015, the Defendant was sentenced to five months of imprisonment by the Seoul Northern District Court for interference with the execution of official duties, and on February 18, 2016, the Seoul Northern District Court completed the enforcement of the sentence.

On January 5, 2018, the Defendant, while under the influence of alcohol content of 0.266% in blood around 22:50 on January 5, 2018, the Defendant driven Crane car at a distance of about 500 meters from the front day of the Dongdaemun-gu Seoul Dongdaemun-gu “Pluri-dong Market” located in Dongdaemun-gu to the front day of the “Pluri-dong” road of 86-1, supra.

around 05:50 on January 6, 2018, the Defendant: (a) driven a car under the influence of C’s alcohol concentration of about 2km from the front road of Seongbuk-gu Seoul, Seongbuk-gu, Seoul to the front road of 10-104, the 10.311% in alcohol level from the 2km section of the same Gu.

Summary of Evidence

"2018 Highest 231"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. Investigative Report (related to the application of the saiddmark to the suspect) 2018 Colonel 542;

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. A written appraisal of alcohol during blood;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (reports on the current status of crimes A of the same kind and accompanying sentences of the judgment of the suspect), investigation reports (verification of crimes during the period of repeated crime), application of Acts and subordinate statutes on

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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