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(영문) 서울남부지방법원 2016.12.01 2016고단3943
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on March 20, 2012.

Although the Defendant had been punished twice due to drunk driving, on July 23, 2016, at around 16:57, the Defendant driven a Grand City under the influence of alcohol concentration of approximately 0.099% from the front of the light percentage 3-3-lane 26 of the same 500 meters away from the 500-meter radius to the front of the same 26-way road in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (former and summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, who has been punished for drinking and driving without a license, is not in good condition in that he/she drives under drinking again, even though there are many times.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's confession and reflectness, favorable circumstances such as the fact that the defendant has no criminal records exceeding the fine, and other conditions of sentencing under Article 51 of the Criminal Act, shall be determined as the sentence.

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