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(영문) 서울서부지방법원 2018.10.11 2018고단1718
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law (drinking driving), etc. in the Gwangju District Court's Netcheon Branch on May 14, 201, and eight months of imprisonment for fraud at the Seoul Western District Court on February 12, 2015, and completed the execution of the sentence in the Seoul Western District Court on June 24, 2015.

In addition, on January 16, 2013, the defendant was sentenced to a suspended sentence of 10 months for a crime of violation of road traffic law (drinking driving) in the metropolitan district court's net support on January 16, 201, and has been punished for drinking driving more than twice.

On April 22, 2018, at around 05:16, the Defendant driven BM 520d vehicles under the influence of alcohol concentration of 0.096% in blood at approximately 100 meters from the 100-lane of Mapo-gu Seoul, Mapo-gu, Seoul to the 3rd roads.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the records of the same criminal history of the suspect and repeated crimes during the period of repeated crimes), and application of relevant statutes of the judgment;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity (i.e., the short driving distance, the fact that alcohol concentration in blood is not relatively high, and the fact that the mistake is recognized and reflected in blood, etc.);

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