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(영문) 의정부지방법원 고양지원 2015.10.02 2015고단2125
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was sentenced to imprisonment of one year and six months with prison labor for fraud, and the execution of the sentence was terminated on June 3, 2014. On November 5, 2009, the Seoul Western District Court notified the Seoul Western District Court of KRW 2,50,000,000,000 as a fine for a violation of the Road Traffic Act (free License) at the Seoul Central District Court on November 7, 2005, and KRW 3 million as a fine for a violation of the Road Traffic Act (free License) at the same court on June 17, 2005.

1. On July 3, 2015, the Defendant driven a CMW car under the influence of alcohol content of about 20 meters from the area of about 0.148% until it reaches the road near the 141st common road located in the same Dong-dong, Goyang-si, Goyang-si, Goyang-si to the 141st common road in the same Dong on July 3, 2015.

2. On July 24, 2015, at around 05:40 on July 24, 2015, the Defendant driven CMW car under the influence of alcohol content of about 0.101% at the section of approximately 15km to the high-si Sin-dong Sin-dong Sinsan-dong Sindong-dong-dong dong-dong dong-dong dong-dong dong-dong dong dong-dong dong dong-dong dong dong dong-dong dong dong dong-dong dong dong dong-

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on detection of each host driver;

1. A report on investigation (the statement of a victim and witness).

1. Previous convictions indicated in judgment: Application of each criminal history record report and investigation report (verification of the expiration of the term of punishment for a suspect, and attachment of the same criminal record and summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2 and 44 (1) (paragraph (1)) of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) (paragraph (2) of the Road Traffic Act, the choice of imprisonment for each sentence;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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