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(영문) 서울남부지방법원 2017.08.03 2017고단2609
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 26, 2010, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on April 26, 201, and was issued a summary order of KRW 4 million due to the same crime, etc. at the Incheon District Court on October 21, 201, and was sentenced to a suspended sentence of KRW 6 months for the same crime, etc. at the Incheon District Court on August 4, 2011.

On April 9, 2017, at around 05:30, the Defendant driven a balp-pured car in the state of alcohol concentration of about 0.053% in the 5km section from a siren car parking lot in Seoul, to the Incheon, Yeongdeungpo-gu, Incheon, the flow route in the 191, the flow route of which is located.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes on criminal reporting (report on confirmation of criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. Although the reasons for sentencing under Article 62-2 of the Criminal Act, even though there are several times of records, such as the defendant being sentenced to a suspended sentence of imprisonment due to drinking driving, etc., it is not good to proceed to the instant crime, it is more favorable to the instant crime, such as the confession, reflect, and the degree of drinking value is not high, it shall be considered in light of the favorable circumstances.

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