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(영문) 서울중앙지방법원 2012.11.09 2012고합789
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On September 3, 2008, the Seoul Central District Court sentenced the defendant to two years of probation on September 11, 2008 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act in the Seoul Central District Court, which became final and conclusive on September 11, 2008. On October 8, 2009, the Seoul Northern District Court sentenced the defendant to six months of imprisonment with prison labor for the violation of the Road Traffic Act ( sound driving) and decided on December 23, 2009, the above sentence of probation was invalidated, and the parole was released on August 13, 2010 and the period of parole passed on October 19, 2010.

The defendant has been punished for the violation of the Road Traffic Act more than twice, such as the crime of violation of the Road Traffic Act through two times.

【Criminal Facts】

"2012 Gohap789"

1. On May 23, 2012, around 10:25, the Defendant driven a Croper car in the state of under the influence of alcohol of about 0.210% of the blood alcohol concentration at a section of about 40km from the Do of Sho-si, Hasung-si, Seoul, to the road of about 241-4 meters in the Seocho-gu, Seoul.

"2012 Gohap1452"

2. At around 01:10 on May 23, 2012, the Defendant driven a clurg vehicle while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.104% at a section of about 100 meters up to the entrance of the same village on the front of the New Snish Snish, Snish, Snish, New Snish, New Snish, and New Snish.

Summary of Evidence

[2012Gohap789]

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and confirmation letter of measurement of drinking (2012 high-level 1452);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written reports on host drivers, written reports on his/her opening statement (pre-time records), criminal records records, etc., investigation reports (Attachment to the same type of judgment, repeated crimes, and date of release);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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