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(영문) 서울중앙지방법원 2016.05.04 2016고단1151
도로교통법위반(음주운전)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 4, 2013, the Defendant issued a summary order of KRW 5 million at the Seoul Central District Court on the grounds of a violation of road traffic law (driving driving), etc., and on December 28, 2012, the Defendant issued a summary order of KRW 7 million at the same court on the grounds of a violation of road traffic law (driving driving), and on December 28, 2012, a person with the same kind of power as well as two times more.

[Criminal facts] On February 21, 2016, the Defendant driven Cina car at approximately 1k from the cafeteria to the 48th road of the Seoul Gwanak-gu court complex, Seoul Special Metropolitan City court complex, while under the influence of alcohol level of 0.141% among blood, at around 20:50, the Defendant driven Cina car at the 1km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, has been aware of the fact that he/she was punished by a fine due to drinking alcohol driving several times, and once again, he/she was driving in a condition exceeding 0.1% of alcohol level during blood.

However, considering the fact that the defendant reflects his mistake, the sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be determined in the same manner as the order.

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