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(영문) 서울서부지방법원 2018.02.13 2017고단3561
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 30, 201, the Defendant was sentenced to a summary order at the Seoul Eastern District Court to a crime of violating the Road Traffic Act (drinking driving), and on January 13, 201, a summary order was issued at the Seoul Western District Court to a crime of violating the Road Traffic Act (drinking driving), and on May 27, 2014, the Defendant was sentenced to a suspended sentence of two years for six months.

【Criminal facts” around October 28, 2017, around 05:30, the Defendant driven a motor vehicle under the Defendant’s name while under the influence of alcohol concentration of about 0.149% in the 1km section from the 171 North Korea-dong, Mapo-gu, Seoul Metropolitan Government to the 36-lane 13rd roads in the same Jung-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. Records of judgment: The application of a reply to inquiry, such as criminal history, each disposition, previous conviction, and the results of confirmation;

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

1. The Defendant committed the instant crime even though he/she had three times of punishment (two times of punishment, two times of suspended sentence, one time of suspended sentence) due to driving under drinking, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume, and the degree of alcohol concentration among the instant blood transfusion is low.

The same type as the order shall be determined in consideration of the circumstances, such as the fact that it is impossible to do so.

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