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(영문) 서울동부지방법원 2016.12.28 2016고단3565

도로교통법위반(음주운전)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2016, at around 15:07, the Defendant driven a B B-type car under the influence of alcohol content of about 0.280% at a distance of approximately 200 meters from the bus terminal in front of the bus terminal located in the Young-gu, Sung-gu, Sung-gun, Young-gu, Young-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to reports on the circumstantial statement of a drinking driver, written consent to blood collection, reply to requests for appraisal, and reports on detection of a drinking driver;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution: Article 62 (1) of the Criminal Act [The punishment shall be imposed on a severe punishment in that the person drives a motor vehicle once again in spite of the fact that the person has already been punished twice in 2003 and 2014, although he/she had already been under the influence of drinking, he/she has to not drive a motor vehicle again; however, he/she is in depth divided while he/she is willing not to drive a motor vehicle again; there is no history of more severe punishment than the fine (five times); and all kinds of sentencing conditions, such as the age

1. Social service order under Article 62-2 of the Criminal Act;