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(영문) 서울중앙지방법원 2016.08.10 2016고단3021

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On September 5, 201, the Defendant was issued a summary order that imposes a fine of one million won on the grounds of a violation of the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon branch on September 5, 201, and on March 4, 201, the same court issued a summary order that imposes a fine of seven million won on the grounds of the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing on death or injury before the risk) and the violation of the Road Traffic Act (drawing on drinking). The Defendant is a person who violated Article 44(1) of the Road Traffic Act on at least two occasions.

[2] On March 15, 2016, while under the influence of alcohol level of 0.096% among the blood transfusion around 23:44, the Defendant driven a E-A-D motor vehicle at approximately 500 meters away from the road front of the Seoul Gangnam-gu Newdong, Gangnam-gu, Seoul to the voltage-gu, Seoul to the road front 462.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. A written request for appraisal of alcohol concentration among bloods or a written appraisal of alcohol during blood;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant once again drives the same kind of crime, despite having the previous record of the crime as stated in its reasoning, considering various sentencing conditions such as the background of driving alcohol, the degree of alcohol concentration during the blood at the time of driving, the age, sex, environment, and circumstances after the crime, etc., the sentence is determined as ordered.