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(영문) 서울남부지방법원 2016.03.31 2016고단241

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not more than ten 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 June 26, 2014, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the Seoul Southern District Court, and was sentenced to a fine of three million won for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 7, 201, and was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 9, 2005.

around 01:01 on December 8, 2015, the Defendant driven a Ding-con vehicle under the influence of alcohol content of about 100 meters at the seat of the new global department store at the low-value room in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, in front of 811, the Defendant driven a Ding-con vehicle with alcohol content of about 0.166% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on the actual status of traffic accidents;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (inform report accompanied by a copy of the judgment);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime even though he/she had a record of punishment three times due to the crime of drinking driving and one time due to the crime of driving without a license, and the drinking value is relatively high, etc. in light of the fact that the Defendant’s reason for sentencing under Article 62-2 of the Criminal Act is heavy;

However, in consideration of various sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, the punishment shall be determined like the order in consideration of the fact that the defendant recognizes and reflects the crime, that there is no record of punishment exceeding the fine, and that there is no other record of punishment.