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(영문) 서울남부지방법원 2017.01.19 2016고단4373
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On September 30, 2013, the Defendant was sentenced to a summary order of KRW 6 million due to a violation of the Road Traffic Act (drinking driving), and on November 22, 2013, the Defendant was sentenced to a suspended sentence of KRW 6 million for six months by imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving), and on November 7, 2014, the Seoul Central District Court sentenced the Defendant to a suspended sentence of KRW 10 million by imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court and passed on December 24, 2015 during the execution of the sentence on March 8, 2016.

around 01:00 on June 18, 2016, the Defendant driven Dworkren car under the influence of alcohol content of about 0.117% from around 2 kilometers to around 777-3, Yangcheon-gu, Seoul, Yangcheon-gu, 2016, from around 01:0, the Defendant driven Dworkren car under the influence of alcohol content of about 0.17% from around 2 kilometers to around 77-3, Yangcheon-gu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol content 0.117%.

around 01:14 on August 31, 2016, the Defendant driven a Dworke car with alcohol concentration of about 0.206% from around 200 meters to around 196 in Gangseo-gu, Seoul, Gangseo-gu, 168, the Gangseo-gu, Gangseo-gu, Seoul.

Accordingly, the defendant was punished twice or more by drinking driving power, but he was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

[2016 Highest 4373]

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver driving a drinking, notification of the results of regulating drinking driving, and a statement of control;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order), and personal confinement status [2016 highest order 5407 highest order];

1. Statement by the defendant in court;

1. Application of the circumstantial statement report, drinking control certificate, response to a request for appraisal made by a driver in charge;

1. Article 148-2 of the Road Traffic Act concerning the facts constituting an offense as well as the corresponding Article of the Act and the selective punishment;

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