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(영문) 서울남부지방법원 2017.02.28 2016고단2401
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 22, 2009, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unnecessary Measures after Accidents), from the Daegu District Court on July 6, 2009, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act (Drinking Driving) and for a violation of the Road Traffic Act (Drinking Driving) from the Daegu District Court on July 6, 2009.

On May 26, 2016, the Defendant was under the influence of alcohol content of 0.187% during blood transfusions on May 26, 2016, and the Defendant driven approximately KRW 4 km from Mapo-dong, Seoul Mapo-gu to Yangpo-ro 94, and Yangpo-gu, Seoul Yeongdeungpo-gu.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the details of the control, the statement of the situation of the driver driving, and the results of the crackdown on drinking;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports, summary information of the case, and application of a copy of 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 fact that there was a record of being punished three times due to the driving of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the fact that the drinking value is relatively high, and other circumstances, such as driving circumstances, driving distance, and circumstances after the crime, shall be considered.

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