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(영문) 서울중앙지방법원 2016.11.23 2016고단5701
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 11, 2010, the Defendant of criminal power was issued a summary order of a fine of two million won by a fine at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act. On July 23, 2010, the Defendant was issued a summary order of two million won by a fine at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act. On April 1, 2011, the Defendant was issued a summary order of three million won by a fine at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act. On July 26, 2012, the Defendant appealed by the prosecutor who was sentenced to a fine of ten million won by the Seoul Central District Court on the grounds of a violation of the Road Traffic Act, but the appeal was dismissed by the Seoul Central District Court on October 25, 2012, by being sentenced to imprisonment with prison labor at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act at the Seoul Central District Court on the grounds of a suspended sentence of eight months.

2. Criminal facts are not only persons who violate the provisions on prohibition of drinking driving on more than two occasions, such as the foregoing criminal records, but also persons who have no driver's license.

Nevertheless, at around 09:51 on August 7, 2016, the Defendant was under the influence of alcohol of 0.096% of blood alcohol concentration, and was driving a d Sicker car with approximately KRW 500 meters from the 547-3-ro, Gangnam-gu, Seoul to the 505-2-ro, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The circumstantial report of an employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Seven copies of criminal records, written judgments and summary orders, and the application of Acts and subordinate statutes governing the Seoul Central District Court shall apply; and

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation Criminal Act;

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