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(영문) 서울남부지방법원 2017.07.06 2017고단2157
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On November 25, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on November 25, 2014, and on November 26, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months for a crime of violating the Road Traffic Act at the Seoul Southern District Court.

Criminal facts

On February 21, 2017, at around 23:10, the Defendant driven a Done Star Corpick under the influence of alcohol content of 0.06% while under the influence of alcohol while under the influence of alcohol by 0.06%, from the mix distance from the mix-dong, Incheon Metropolitan City to the roads of the Geumcheon-dong Geumcheon-dong, Geumcheon-gu, Geumcheon-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of any violation of traffic laws on roads, notification of the results of regulating the driving of drinking, circumstantial statement of the driver of the driving, and the driver's license register;

1. Previous convictions: Application of criminal history inquiry, sentence of judgment and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing of selective sentence of imprisonment with prison labor is as follows: (a) the instant crime was committed on four occasions from around 2012 to around 2015 with no license during the period of suspension of execution due to a crime of violating the Road Traffic Act (driving) and a crime of refusing to measure drinking; and (b) it is inevitable to severely punish the Defendant.

The Defendant is deemed to have used 60 times or more after the license was revoked, and is also deemed to have habitually driven without a license.

In addition, in consideration of various circumstances, such as the developments leading up to the driving of the instant drinking, the amount of alcohol concentration in blood is 0.066%, driving distance, circumstances after the crime, etc., the punishment as ordered shall be determined.

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