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(영문) 서울동부지방법원 2016.04.27 2016고단181

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 June 21, 2011, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Seoul Eastern District Court on June 21, 201, and was sentenced to a fine of 3 million won or more for the same crime in the same court on August 17, 2012, and was sentenced to a fine of 3 million won or more for drinking.

On January 15, 2016, at around 23:09, the Defendant again driven a B-H car under the influence of alcohol content of approximately 0.107% in blood on the 2km section from the front of the restaurant where it is impossible to identify the name located in the pressure zone of Gangnam-gu Seoul Metropolitan Government, Seoul to the front day of the school in Seongdong-gu, Seongdong-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. Application of Acts and subordinate statutes to reports on the occurrence of accidents, reports on the state of the driver's license; and

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of punishment (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2007) (see, 2009Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);