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(영문) 서울중앙지방법원 2017.01.11 2016고단8509

도로교통법위반(음주운전)등

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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

1. The Defendant, on September 27, 2007, issued a summary order of a fine of 1.5 million won or more for a violation of road traffic laws at the Seoul Southern District Court on April 29, 2008, upon receiving a summary order of a fine of 2.5 million won or more for a violation of road traffic laws, etc. on April 29, 2008, and on December 23, 2015, was sentenced to a fine of 9 million won or more for a violation of road traffic laws at the Seoul Southern District Court.

2. The Defendant, as stated in the preceding paragraph, has violated Acts and subordinate statutes prohibiting drinking at least twice, and has no driver's license for motor vehicles.

Nevertheless, on October 29, 2016, the Defendant driven a 2 km B K7 car from the front of the 3rd square square square, which is located in the 0.058 percent of alcohol content in the blood alcohol around 22:15, to the front of the Sejong-si Hospital, as it was under the influence of alcohol at around 0.058 percent in the south-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of suspect A's history of punishment for the same kind of crime);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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