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(영문) 서울중앙지방법원 2016.09.28 2016고단5241
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On September 9, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law at the Seoul Central District Court on September 9, 201, and a fine of KRW 2.5 million for the same crime at the same court on November 3, 2011. On April 3, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Ulsan District Court on April 3, 201.

On July 14, 2016, the Defendant driven a dben S350-car at approximately 1km section from the roads near the Seocho-gu Seoul Western-dong located in Seocho-gu, Seoul to the roads near the Seocho-gu Busan Western-dong, under the influence of alcohol content of 0.061% during blood transfusion around 22:51.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the driver involved in driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment of criminal suspect A-related judgments) shall be made;

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

1. It is so decided as per Disposition on the grounds of not less than Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) of the Criminal Act.

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