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(영문) 서울서부지방법원 2016.08.18 2016고단1718

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court due to a violation of Road Traffic Act (drinking driving), and a summary order of KRW 3 million by the Seoul Southern Southern District Court due to a violation of Road Traffic Act (drinking driving), on June 19, 2014.

Although the Defendant had been punished twice or more due to drinking driving as above, on May 22, 2016, the Defendant driven CAb-lurged car from the Defendant’s house located in Seongdong-gu, Soyang-gu, Soyang-gu, Seoul to the front road of the company 321-101, Seongdong-gu, Seoul, in a state of drinking alcohol concentration of 0.102% under the influence of alcohol from around 23:38 on May 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

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 stay of execution (limited to the past who has been punished twice due to drinking, but has no record of criminal punishment exceeding a fine, and taking into account that there is no record of criminal punishment contrary to a fine);