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(영문) 서울남부지방법원 2016.06.02 2016고단1009
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 6, 2011, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on April 30, 2008, and issued a summary order of KRW 1.5 million for the same crime at the Incheon District Court on April 30, 2008, and on September 19, 2007, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court on September 19, 2007.

On February 18, 2016, at around 23:39, the Defendant driven a vehicle from Guro-gu Seoul Metropolitan Government to the front road of the Seoul Southern District Court, Yangcheon-gu, Seoul, Seoul, with a alcohol concentration of about 0.104% in blood alcohol level at about 3km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act: There is no previous offense exceeding a fine;

(k) Unfavorable circumstances: Three times of drinking driving, and one time of fine due to non-license driving, and a considerable time has passed after being punished for previous drinking driving;

(k) The punishment shall be determined as ordered in consideration of all the circumstances, such as the circumstances leading up to the driving of drinking, the distance from driving of drinking, the numerical value of drinking, the circumstances after the crime, etc.

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