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(영문) 서울남부지방법원 2017.07.13 2017고단2212

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 June 8, 2010, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws at the Seoul Southern District Court on June 8, 2010, and was sentenced to a fine of three million won for the same crime in the same court on November 20, 2016.

On April 18, 2017, around 00:0, the Defendant driven Bsch Rexn vehicle under the influence of alcohol content of 0.108% while under the influence of alcohol content from the blood without a driver’s license to approximately 1.5km-ro 144 km-ro from the same Guro 2-dong, Gangseo-gu, Seoul Metropolitan Government Yero 2-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving, notification of the results of regulating drinking driving, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include two times due to the driving of alcohol without a license, the fact that there is no record of punishment for one time due to a non-license driving, the fact that there is no previous record exceeding a fine, the defendant's age, circumstances of driving, driving distance, circumstances after the crime, etc.