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(영문) 서울동부지방법원 2016.08.10 2016고단1640

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On February 13, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on February 13, 200, and on August 20, 2013, the Seoul Central District Court issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court.

On May 26, 2016, around 00:40 on May 26, 2016, the Defendant driven a vehicle of hurburged C in the state of alcohol alcohol concentration of about 0.109% from the 7km section of Seongdong-gu Seoul to the 39-ro 43rd road.

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 report on the circumstances of the driver involved in the driving, the report on the detection of the driver involved in the driving, and the output of a drinking measuring instrument;

1. A previous conviction: A written inquiry and an inquiry, and the application of the same electric power statutes of the suspect;

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 mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution (a) of the Criminal Act provides that the defendant has driven a motor vehicle at a high drinking level, and the defendant has to be punished by severe punishment in that he/she has paid a traffic accident during the suspension of execution; however, he/she has no record of more severe punishment than three times, and he/she will not drive a motor vehicle again;

Considering all kinds of sentencing conditions, such as the defendant's age, occupation, etc.

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