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(영문) 서울동부지방법원 2016.08.25 2016고단1684
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 July 25, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court on July 25, 2007, and on June 26, 2008, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution due to a violation of road traffic law in the same court.

On June 7, 2016, around 22:11, the Defendant driven a BS car with a alcohol content of about 50 meters in the section of approximately 0.149% in blood from the section of approximately 50 meters in old-ro, Gucheon-ro, Seoul, to the road 29 in the same Gucheon-ro.

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 statement in the circumstances of the driver of drinking;

1. References to inquiries, such as criminal history, reports on investigation (verification of suspect drinking records), text of judgment, and application of summary order statutes;

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

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

1. In light of the fact that the defendant was punished three times due to drinking driving and the fact that he/she again commits the instant crime even though he/she was punished for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order and the fact that alcohol concentration in blood is high, etc., the punishment shall be determined in consideration of the fact that the most recent punishment for drinking driving was conducted eight years prior to the latest punishment for drinking driving, and that the mistake is pened, etc.

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