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(영문) 서울남부지방법원 2017.10.19 2017고단3957
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On September 30, 2014, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on September 30, 2014; on February 16, 2017, the above court issued a summary order of KRW 2.5 million for the same crime; and on July 25, 2017, the above court filed a summary order of KRW 7 million for the same crime.

Criminal facts

On August 6, 2017, at around 01:28, the Defendant driven B, under the influence of alcohol concentration of about 0.087% in blood at approximately one kilometer from the 1 kilometer-dong, Yeongdeungpo-gu, Seoul, to the roads near the Ocheon-gu Seoul Metropolitan City digital complex street, the Defendant driven B, under the influence of alcohol concentration of around 0.087%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: References to inquiries, summary orders, and the application of Acts and subordinate statutes in writing of a written indictment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume was two times, and a summary order of KRW 7 million was filed on July 9, 2017 by driving alcohol.

Nevertheless, the responsibility of the defendant is heavy in view of the fact that the defendant committed the crime of this case as well as that of this case.

The time of the crime of drinking driving is relatively complicated.

The defendant seems to have no awareness of any particular crime against drinking driving, and sentenced to punishment for the crime of this case.

In addition, the punishment as ordered shall be determined in consideration of the circumstances such as driving circumstances, the amount of alcohol concentration during blood, driving distance, etc.

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