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(영문) 서울남부지방법원 2017.03.30 2016고단5912

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for nine 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 July 10, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Southern District Court on July 10, 2009. On July 13, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking), and on June 16, 2015, the Seoul Southern District Court issued a summary order of KRW 6 million for a crime of violating road traffic laws (drinking).

[2] Around November 22, 2016, the Defendant driven Crane car while under the influence of alcohol content of about 0.074% during blood in the 50-meter section of the front road of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol concentration of 0.074%.

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 certificate for measuring drinking alcohol;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (informating a copy of a summary order);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier

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

1. An order to attend a course under Article 62-2 of the Criminal Act;