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(영문) 서울남부지방법원 2016.07.14 2016고단1939

도로교통법위반(음주운전)등

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 March 27, 2014, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on March 27, 2014, and was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on December 10, 209, and the summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Sung-nam Support of the Suwon District Court on April 9, 2007.

On April 19, 2016, at around 22:20, the Defendant driven Bone Starex vehicle under the influence of alcohol content of 0.149% while under the influence of alcohol content at approximately 750 meters from the front day of the 272 "Yan-ro, Yeongdeungpo-gu Seoul Metropolitan Government Doro" food at the Doro, Yeongdeungpo-gu, Seoul, for about 50 Gamaro-ro 50 Gamaro 14.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Normal circumstances that are favorable for sentencing of Article 62-2 of the Criminal Act: There exists no previous offense exceeding a fine;

(c) Unfavorable circumstances: The fact that drinking values are relatively high, three times due to drinking driving, and one time due to unlicensed driving is subject to punishment.