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(영문) 서울남부지방법원 2017.04.27 2017고단212

도로교통법위반(음주운전)

Text

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

[2] On April 21, 2010, the Defendant received a summary order of KRW 1,50,000 from the Seoul Southern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act in the same court on June 1, 2012, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Seoul Western District Court on December 22, 2014, respectively.

[Criminal facts] Although Defendant 1 had been punished twice or more due to drinking driving as above, Defendant 1 driven a body car with C in the state of under the influence of alcohol content of about 0.125% from the 1km section of approximately 1km from the roads in front of the mountain of Gangseo-gu Seoul Metropolitan City around January 13, 2017 to the roads in front of the same Gu-ro 401.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of drinking control;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous and summary order attached);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;