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(영문) 서울동부지방법원 2014.08.14 2014고단1337
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 1, 2008, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 1, 2008, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seoul East District Court on January 28, 201, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 22, 2013, and was sentenced to a imprisonment of 1 year and 2 years for a suspension of execution at the Seoul Central District Court on November 30, 201, and the judgment becomes final and conclusive

On April 11, 2014, at around 22:09, the Defendant driven a vehicle EK7 vehicle with a 105-day road in Songpa-gu Seoul under the influence of alcohol content of 0.114% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement report on the circumstances of a drinking driver, results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of judgment attached) Acts and subordinate statutes;

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

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

1. Discretionary mitigation of punishment under Article 53 and Article 55(1)3 of the Criminal Act, including punishment for the suspended sentence of imprisonment on two occasions due to driving under the influence of alcohol for the reason of sentencing, has a record of being punished for a more time of driving under the influence of alcohol. In light of the fact that driving under the influence of alcohol is under the suspended sentence of imprisonment due to driving under the influence of alcohol at the time of the instant case, it is necessary to strictly punish the Defendant.

However, the fact that the mother's mother of the defendant is under cancer, when the defendant is punished for imprisonment with prison labor due to this case, the above suspended sentence is revoked and the defendant's reflects the nature of the defendant, etc. shall be considered as favorable to the defendant.

It is so decided as per Disposition for the above reasons.

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