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(영문) 서울서부지방법원 2016.09.29 2016고단2018
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 10, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving) from the Daejeon District Court’s Branch Branch on August 10, 200, and on March 19, 2012, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

On April 13, 2016, at around 00:05, the Defendant driven a B-A4 car in the state of alcohol with approximately 700 meters alcohol concentration 0.19% under the influence of alcohol from around 00:13 on the same day from the roads adjacent to the station in Seongbuk-gu, Sungnam-gu, Sungnam-gu to the roads under the lower limit of the water vibration level of the modified area in Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking, a statement on the circumstances of the driver involved in drinking, and a report on the detection of the driver involved;

1. Written response to a request for appraisal;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on criminal records of the same kind as the suspect and factual facts);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant, as stated in the judgment of the court below, once a fine is imposed on two occasions due to drinking driving as stated in the record of the crime, and driving another drinking again despite the fact that he/she had been sentenced to one time due to driving without a license, and that the degree of alcohol concentration in the blood of this case is considerably high, etc.,

However, the above punishment shall be determined in consideration of the fact that the defendant repents his mistake, and the above punishment shall be determined in consideration of the fact that there is no other punishment except the punishment for drinking driving and driving without a license as seen earlier.

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