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(영문) 의정부지방법원 2017.01.06 2016고단4179
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On December 18, 2008, the Defendant was sentenced to four months of imprisonment and one year of suspended execution due to a violation of road traffic law at the Dong District Court in Seoul, the Seoul Eastern District Court sentenced the Defendant to four months of suspended execution. On November 1, 2012, the Seoul High Court was sentenced to ten months of imprisonment and two years of suspended execution.

【Criminal Facts】

1. On April 9, 2016, the Defendant driven C Maz car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.206% at a distance of about 500 meters from the roads adjacent to the Kuri-si Si, Siri-si, Siri-si, Siri-si, to the same city inspection line.

2. On June 12, 2016, the Defendant driven the said marina car under the influence of alcohol leveling of about 0.170% from approximately 50 meters to approximately 320 meters from the roads in which the “Woo House” located in the Nam-gu Seoul Metropolitan City, Chungcheongnam-do, Dong-gu, Seoul Metropolitan City, to the roads in front of the said Eup-ro 320 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as indicated in the judgment];

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the judgment of the same kind and the request for arrest warrant);

1. Relevant Article and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor for any type of crime);

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes may not be sentenced in consideration of the following: (a) even though the Defendant had already been sentenced to a suspended sentence due to a violation of the Road Traffic Act due to drinking driving; (b) was driving at once; (c) the Defendant committed an offense under Article 37(1) of the Act on the Aggravated Punishment of Concurrent Crimes; (d) the Defendant committed an offense under Article 38(2) of the Act on the Aggravated Punishment of Crimes; and (e) the Defendant committed an offense under Article 38(

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