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(영문) 서울동부지방법원 2017.01.25 2016고단3728

도로교통법위반(음주운전)등

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

On June 13, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and KRW 2 million for the same crime at the same court on July 18, 2016.

From August 11, 2016 to November 18, 2016, the Defendant was under the suspension of the driver’s license. However, around October 8, 2016, the Defendant driven B rocketing car under the influence of alcohol concentration of approximately 0.076% during blood alcohol level from about 100 meters to around 04:36, the same day from the front of the 187-ro, Songpa-gu, Songpa-gu, Seoul (locked-dong, Pakistan-water) to the front road of about 04:36, the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in the main place, control records, and the driver's license register;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Article 148-2 (1) 1, Article 44 (1) (driving of Drinking), Article 152 subparagraph 1, and Article 43 (Unlicensed Driving) of the Traffic Act concerning facts constituting an offense;

1. Abnormal concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act. Article 50 (Selection of Imprisonment);

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as the fact that the person is divided and has no record of being punished more than twice by a fine);