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(영문) 서울서부지방법원 2018.03.29 2017고단3239
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On September 26, 2006, the Defendant was issued a summary order of a fine of two million won for a violation of road traffic laws at the Seoul Western District Court on September 26, 2006, and on June 30, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Seoul Western District Court on June 30, 201, and on September 9, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Seoul Western District Court on September 20, 201, and was sentenced to a suspended sentence of two years for a violation of official duties at the Seoul Western District Court on September 20, 201.

[Criminal facts] On August 19, 2017, the Defendant driven Bunst motor vehicle at the section of about 1 km from the front of the impergic main office in the vicinity of Mapo-gu Seoul Metropolitan Government to the road of about 113 east Dong-dong, while under the influence of alcohol level of 0.195% among blood transfusion around 23:40 on August 19, 2017.

As a result, the defendant was punished for drinking more than twice, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the facts constituting an offense and Article 148-2 (1) 1 of the same Act concerning the selective punishment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the invalidation of a suspended sentence, and the violation of the depth of a crime) of the Act on the Mitigation of Small Quantity, the amount of alcohol content was extremely high at the time of driving of the instant case. In fact, the Defendant’s age, sex behavior, family relationship, circumstances before and after committing the instant crime, etc., and all of the sentencing conditions indicated in the theory of changes, such as the Defendant’s age, sex behavior, family relationship, and circumstances before and after committing the

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