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(영문) 서울남부지방법원 2017.10.19 2017고단4069
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 4, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court, and was sentenced to a fine of KRW 2 million for the same crime on April 8, 201, and was sentenced to a fine of KRW 1.5 million for the same crime on July 1, 2013 at the Seoul Southern Southern District Court, and was sentenced to a summary order of KRW 1.5 million for the same crime on September 25, 2013 at the Seoul Southern District Court.

Criminal facts

On August 12, 2017, around 23:26, the Defendant driven B K7 car under the influence of alcohol concentration of about 700 meters from the roads near the Gangseo-gu Seoul Metropolitan Government Yero, Gangseo-gu, Seoul Metropolitan Government, to the roads around 468, according to the same Gu airport.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, written judgments, application of each summary order and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances are the circumstances favorable to the Defendant: (a) the fact that a person has a workplace while living together with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances among the reasons for sentencing), and the fact that a person makes a confession while making a statement that he/she is against the Defendant.

However, in light of the good circumstances such as the fact that the driving force of drinking is six times or more, the degree of drinking is not weak, and the fact that there are many other criminal records including punishment, it is inevitable to punish the defendant with severe punishment.

In full view of these various circumstances, the defendant shall be punished by imprisonment with prison labor, taking into account the age and health of the defendant and the sentencing conditions prescribed in Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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