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(영문) 서울남부지방법원 2017.09.14 2016고단634

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on November 8, 201, and on October 5, 2007, the Defendant was sentenced to a fine of two million won for the same crime in the same court on October 5, 2007, and was sentenced to a fine of two million won.

around 04:05 on January 31, 2016, while under the influence of alcohol content of 0.08% during blood, the Defendant driven B rocketing car at a 1km section from the nearest road of the Yeongdeungpo-gu Seoul Metropolitan Government Seo-gu's Yangyang-dong Station to the front road of the Yangyang-dong-dong Road located in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of the control, the statement of the situation of the driver driving, and the results of the crackdown on drinking;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act: The defendant again committed the instant crime despite the fact that he/she had been punished four times due to drinking driving, the defendant was likely to suffer an accident because he/she was set up his/her vehicle on the road, the distance of drinking driving is 15km long, and the defendant fled during the trial;

(k) 0 favorable circumstances: The fact that the drinking value is not high, and a new one is discovered after considerable time has elapsed since he was punished for driving under drinking; and

In addition, the sentencing conditions as shown in the pleadings, such as the circumstances of drinking driving and the circumstances after the crime, shall be determined as per Disposition.