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(영문) 수원지방법원 성남지원 2016.10.05 2016고단1981
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 20, 2014, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on June 201, and was sentenced to a suspended sentence of 5 million won by the same court on July 29, 201, and was sentenced to a summary order of 2.5 million won by a fine at the Seoul Central District Court on March 6, 2007.

Around 16:20 on June 17, 2016, the Defendant driven a DNA string car with approximately 10km from the Mool-Top in the wife population to the point where the flow line 125 km from the Mool-dong, Seoul, Nannam-si, Nannam-si, Nannam-si, Seoul, with approximately 10km alcohol concentration 0.304 % under the influence of alcohol.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

around 18:48 on July 8, 2016, the Defendant driven Dworke car under the influence of alcohol content of 0.256%, from around 100 meters to the front road of the mountain zone located in the same Gu 37-ro 2-ro, Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of each host driver;

1. Notification of the results of drinking control;

1. Previous convictions: Criminal records and investigation reports (report on confirmation of criminal records and attachment of the same case judgment) shall apply to statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The reason for the sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the heavy accident due to driving under the condition that the ability of due care and physical exercise has been significantly deteriorated.

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