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(영문) 서울서부지방법원 2016.03.22 2016고단46
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

【The Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on September 27, 2005, and was sentenced to a summary order of 1.5 million won for the same crime at the Seoul Western District Court on June 8, 2006, and was sentenced to a summary order of 1.5 million won for the same crime at the Seoul Western District Court on September 30, 2008, and was sentenced to imprisonment for 4 months, suspension of execution for one year, and violation of the Road Traffic Act at the Seoul Southern District Court on October 30, 2008, and violated the prohibition of driving under the Road Traffic Act at least two times, such as imprisonment for three months, suspension of execution for one year, and suspension of execution for one year.

【Criminal facts of the Defendant, while under the influence of alcohol level of 0.064% on December 18, 2015, the Defendant driven a vehicle with C low-speed in the section of about 3.5 km at approximately 100-38 km-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to the front day of the 378 Western-ro, Seoul and the front day of the 3.5km-ro, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment of summary order, etc.), summary order, application of the text of the judgment, and application of the Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished several times due to drinking driving, again commits the crime of this case, the defendant has no criminal record and is against his/her own will, drinking volume and other various sentencing conditions stated in the records and arguments of this case, shall be determined as ordered by taking into account the punishment of this case.

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