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(영문) 서울서부지방법원 2016.09.29 2016고단2254
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2006, the Defendant received a summary order of KRW 700,000 from the Seoul Central District Court to a fine for a crime of violating the Road Traffic Act (drinking driving), and on June 25, 2007, a summary order of KRW 1 million was issued from the Seoul Northern District Court to the same crime.

Criminal facts

On June 19, 2016, the Defendant, while under the influence of alcohol content of 0.164% during blood transfusion around 22:40 on June 19, 2016, 39, the Defendant driven a rocketing car at approximately five meters prior to the Seoul Seomun-gu, Seoul, Seomun-gu, 57 Red Asia, 107.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of suspect records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant had the record of having been punished twice due to drinking, such as the record of the crime in the judgment of the court, and the driving without a license has the record of committing the crime once again, and the driving of drinking again is conducted despite the fact that the Defendant had the record of committing the crime without a license, and that the degree of alcohol concentration in the blood of this case is considerably high, and that the Defendant has caused a traffic accident that causes the parked vehicle while driving a drinking, etc.,

However, the above punishment shall be determined in consideration of the fact that the defendant recognized his mistake and divided, there is no other punishment except the punishment for driving under drinking and non-licensed driving as seen earlier, there is no record of being punished more severe than the fine, considerable time has elapsed from the last drinking driving crime, and the distance of driving under drinking of this case is relatively short.

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