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(영문) 서울남부지방법원 2017.04.27 2016고단6422
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 November 10, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on November 10, 2008, and on January 13, 201, in addition to being sentenced to a fine of three million won in the same court on January 13, 201, the Defendant was a person with at least two times of driving alcohol.

On November 28, 2016, the Defendant driven B vehicles at a section of about 10km from the front side of the Bupyeong-gu Incheon Bupyeong-gu to the center of Yangcheon-gu, Seoul to the front side of the 291 road while under the influence of alcohol content of 0.074% during blood transfusion around 04:31.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation reports (Attachment of judgment on driving under influence of alcohol);

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 amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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