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(영문) 서울남부지방법원 2016.03.24 2015고단4982
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On May 12, 2011, the Defendant was issued a summary order of 2.5 million won by violating Road Traffic Act (driving) at the Seoul Southern District Court on May 12, 201, and the same year.

6. On July 2015, the same court was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), and on July 7, 2015, the same court was issued a summary order of KRW 9 million due to a violation of the Road Traffic Act (drinking driving), and on November 12, 2013, the defendant appealed from the Busan District Court after being sentenced to two years and six months of imprisonment due to a violation of the Act on Special Measures for the Control of Public Health Crimes (drinking, etc.). On May 28, 2014, the judgment became final and conclusive on June 6, 2014.

[2] Although the Defendant had a alcohol driving force twice or more as above, the Defendant driven a NAS car under the influence of alcohol concentration of 0.172% in blood while the Defendant’s driver’s license was revoked on September 10, 2015 on the front road of Yeongdeungpo-gu Seoul Metropolitan Government around September 23:30.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on criminal investigation (report on confirmation of previous convictions before suspension of execution), and report on criminal investigation (report on previous convictions before

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Reduction and Exemption of Small Amount are as follows: (a) the Defendant has a record of the same kind of crime several times; and (b) the Defendant has to be aware of during the suspended sentence period.

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