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(영문) 서울동부지방법원 2018.05.09 2018고단372
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was punished by a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on November 9, 2012, and a fine of KRW 5 million at the same court on May 24, 2013 due to the same crime, etc., and was in violation of Article 44(1) of the Road Traffic Act at least twice.

around 23:29 on September 4, 2017, the Defendant driven CMW 520d car under the influence of alcohol content of about 0.11% at the 3km section from around 110-11 to around 27-11, as the same Do in front of the ancient bridge market in Gangdong-gu Seoul, Gangdong-gu, Seoul.

around 12:00 on January 15, 2018, the Defendant driven CMW 520 d motor vehicles from a place where it is impossible to know at least 0.067% of alcohol concentration in the blood without a vehicle driver’s license to a 110-5-lane 27-5 way ahead of the Seoul Gangdong-gu as the same materials.

Summary of Evidence

1. Previous convictions entered in facts constituting an offense: References to inquiries, such as criminal history, investigation reports (so-called 372 high speed 372)

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. "Inquiry about the results of crackdown on the driving of alcohol, report on the circumstances of the driver of alcohol, and notification of the results of crackdown on the driving of alcohol";

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to be placed in driving, investigation report (report on the circumstances of the driver who is placed in driving in driving), and notification of the results of regulating

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Traffic Act by a person on January 15, 2018 and the crimes of violating the Traffic Act by a person on January 15, 2018).

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume: Driving under the influence of alcohol.

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