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(영문) 서울남부지방법원 2017.01.19 2016고단5295
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 October 27, 2006, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act in the Seoul Southern District Court of Seoul, and a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court of Incheon on January 26, 2007, which was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act.

On September 20, 2016, the Defendant, as the airport of Gangseo-gu Seoul on September 20, 201, driven a B SP car in the state of alcohol concentration of about 0.173% while under the influence of alcohol at approximately 30 meters from the 57th to the 63rd road along the airport of Gangseo-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of drinking alcohol measurement and a report on the situation of the driver of drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions and confirmations of suspects);

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

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

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has occurred while drinking and driving a traffic accident, the fact that there was a record of being punished four times due to drinking and driving without a license, the fact that drinking is relatively high, and other various sentencing conditions such as driving circumstances, driving distance, and conditions after committing the crime.

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