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(영문) 서울중앙지방법원 2016.10.05 2016고단4702
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[criminal power] On April 17, 2013, the Defendant was issued a summary order that imposes a fine of three million won by committing a violation of the Road Traffic Act at the Seoul Central District Court on April 17, 2013, and on August 27, 2015, the Seoul Central District Court issued a summary order that imposes a fine of 2.5 million won by committing a violation of the Road Traffic Act.

【Criminal Facts】

On June 21, 2016, while under the influence of alcohol at around 01:38, the Defendant driven C vehicles at a section of about 3 km from the roads near the Gangnam-gu Seoul Metropolitan City Gambro-ro, Gangnam-gu, to the roads in front of 3154.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) even though the Defendant had a relatively short-term history of being punished for driving under the influence of alcohol twice within a relatively short-term period, the Defendant again drives in the state of drinking alcohol concentration exceeding 0.1%; and (b) the Defendant’s age, character and conduct, environment, and circumstances after the crime are considered, and the sentence shall be determined

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