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(영문) 서울남부지방법원 2016.07.05 2016고단2034

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 4, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on March 28, 2012, by the Incheon District Court, to a fine of KRW 10 million for a crime of violating the Road Traffic Act.

On April 4, 2016, the Defendant, without a driver’s license, driven a BN-si car from heading 59-6, Mapo-gu, Seoul to heading 15, 15, while under the influence of alcohol content of 0.15% in blood during blood, and driven a BN-si car from heading 59-6 to heading 15, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A fact-finding survey report and a traffic accident occurrence report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, report on investigation, and application of a copy of summary order, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the crimes of violating the Road Traffic Act which require more severe punishment);

1. Selection of imprisonment with prison labor chosen;

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 suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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: Imprisonment with prison labor for not less than eight months, a stay of execution two years, community service, or a stay of execution of not less than 40 hours (or under favorable circumstances) shall not have any record of crime committed during the suspension of execution of not less than 40 hours (any unfavorable circumstances), and the concentration of alcohol in high blood.