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(영문) 서울남부지방법원 2017.03.09 2016고단5978
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

On July 29, 2016, around 21:16, the Defendant also driven a Dcoon vehicle with alcohol content of 0.158% in the 300-meter section from the front of the mountain distance outside of Gangseo-gu Seoul Metropolitan Government to the south-ro of about 210 meters in south-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating drinking driving;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although there is a history of punishment four times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, it is not good that the crime is committed by again driving under drinking, but the defendant's wrongness is divided, the records of punishment due to driving under drinking are very old, and the punishment is determined as ordered in consideration of the circumstances such as driving circumstances, driving distance, and circumstances after the crime.

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