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(영문) 서울남부지방법원 2016.09.27 2016고단3178

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On June 8, 2007, the Defendant was subject to juvenile protection disposition by the Seoul Southern District Prosecutors' Office due to a violation of road traffic laws (drinking driving), and on February 27, 2014, the Seoul Southern District Court received a summary order of KRW 3 million as a crime of violating road traffic laws (drinking driving).

[2] On June 23, 2016, at around 01:33, the Defendant driven a balpted car under the influence of alcohol content of approximately 0.129% at approximately 150 meters from the pre-road of the oil middle school located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the front road of the same line 207, both of which are located in the same Gu’s 207-ro route.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating the driving of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification twice the driving force of drinking);

1. Article 148-1 (1) 1 and Article 44-4 (1) of the Road Traffic Act applicable to the facts constituting an offense (to be punished by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: The concentration of alcohol in blood with a higher degree of imprisonment for six months, a stay of execution for two years, a serious reflect on an order to attend a law-abiding driving lecture (a favorable condition) for forty hours, or there is no record of punishment heavier than a suspended sentence (a disadvantageous condition).