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(영문) 서울중앙지방법원 2016.10.12 2016고단4357
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 22, 2016 to July 10, 2016, the Defendant, while under the influence of blood alcohol content of 0.127%, was driving a car at approximately 500 meters chip BM1 Mc-c-c-c-p-p-on around June 15, 2016 under the influence of alcohol content of 0.127%, around June 15, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of driving, and report on the actual state of a driving driver;

1. Details of suspension of a driver's license, inquiry into administrative dispositions of the main office, and application of statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant, even though the past history of drinking driving had been several times, driving under the influence of alcohol during the suspension period of driver's license, and that such repeated crimes by the defendant may cause other victims, etc. are disadvantageous to the defendant.

However, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime, along with the fact that the defendant is against the defendant and has no record of punishment of imprisonment or heavier.

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