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(영문) 서울서부지방법원 2017.01.19 2016고단3543
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 7, 2007, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a crime of violation of road traffic law at the Seoul Western District Court, on October 21, 2009, a summary order of KRW 2.5 million for the same crime at the Seoul Northern District Court, and on September 16, 2013, a summary order of KRW 7 million for the same crime at the Seoul Western District Court was issued on September 16, 2013, respectively, and on June 5, 2014, the same court was sentenced to a suspended sentence of KRW 8 months for the same crime.

[2] On October 31, 2016, the Defendant driven a three-way car under the influence of alcohol content of 0.126% in blood, from the location near the Samyang-ro 194, Gyeyang-gu, Seoul, to the unification of Eunpyeong-gu, Seoul, to approximately 4.58km, the Defendant driven a three-way car under the influence of alcohol content of 0.126% in the state of alcohol.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A report on investigation (verification of driving distance of the suspect), and an output of the NAV map;

1. Records of judgment: References to inquiries, such as criminal history, investigation reports (Attachment of the text of the judgment), copies of the judgment, and copies of the summary order Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two times a fine due to driving under drinking, and one criminal punishment once a suspended sentence is imposed, and as long as the period of the suspended sentence expires, it is inevitable to sentence the Defendant to a sentence in regard to driving under drinking again.

However, the defendant does not drive his or her own mistake and does not drive his or her drinking.

In addition to the above criminal records, the vehicle is disposed of, and a minor fine is imposed.

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