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(영문) 서울동부지방법원 2016.09.21 2016고단2047
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 4, 2016, around 02:25, the Defendant driven B K5 car while under the influence of alcohol content of about 0.257% at approximately 50 meters at the 50m section to the Belgium 29-11-ro 11 parking lot from the front and front of the 11-lane 33-ro, Songpa-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the output of the measurement of drinking alcohol, the report on detection of the driver involved in driving, and the circumstantial statement of the driver involved in driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for the Reduction of Quantities (Article 55(1)3 of the Act on the Reduction of Quantities (Article 53 and Article 55(1)3 of the same Act has had the record of being punished two times due to drinking, the drinking level of which is very high, and the traffic accident occurred, but

In addition, all the sentencing conditions, such as the defendant's age, are against depth, there is no record of punishment more severe than fine, and there is no record of punishment.

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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