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(영문) 서울중앙지방법원 2017.01.25 2016고단8921
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 23, 2016, the Defendant received a summary order of KRW 7,000,000 (on July 23, 2016, 00, 2016, 000 (on July 23, 2016, 0.261%) from the Seoul Southern District Court to a fine of KRW 8,00,000 (on July 25, 2016, 200) as a crime of violating road traffic laws.

Criminal facts

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was drunk on August 21, 2016 at around 04:00, and driven a c money tank car in the section corresponding to approximately 1km from the singing line, where the name near the Seocho-gu Seoul Metropolitan Government Station cannot be known, to the front of the road located in the same shift distance from the sing line, while under the influence of alcohol content of around 04:00 on August 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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. The Defendant’s reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume are very poor in the nature of the crime, such as not only the drinking driving has been controlled three times during one month, but also the amount of alcohol concentration in each blood relative exceeds 0.2%.

The defendant has a record of criminal punishment on several occasions, including the suspension of execution.

Provided, That the punishment shall be determined as per the Disposition in consideration of the fact that the defendant reflects, has no record of punishment, and all other circumstances, such as the age, environment, etc. of the defendant.

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