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(영문) 서울동부지방법원 2016.04.21 2016고단376
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 13, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and was issued a summary order of KRW 2 million for the same crime on June 23, 2011, and was issued on May 9, 2013 as a summary order of KRW 1.5 million for the same crime at the Seoul Central District Court on May 24, 201, and was punished on two or more occasions due to drinking, such as imprisonment for a violation of the Road Traffic Act (driving) and a suspension of the execution of six months for six months.

Nevertheless, at around 22:47 January 29, 2016, the Defendant driven CNS car in the state of alcohol with approximately 50 meters alcohol concentration of around 0.070% from the front side of the exit-gu No. 1, Gangdong-gu, Gangdong-gu, Seoul Metropolitan Government, to the front side of the 1016 front road, as prescribed by the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order must consider the fact that the defendant has a history of criminal punishment several times due to drinking driving, as disadvantageous to the defendant. However, considering the fact that there are no circumstances to consider in the course of the crime, there is no reason to consider in the circumstance of the crime; that there is a situation where the defendant is in an economically difficult situation due to the situation where he/she should careally support his/her mother and his/her father and son who suffered from delayed disability after having divorced from North Korea as a deserting resident; and that he/she should not repeat again with his/her mistake.

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