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(영문) 서울남부지방법원 2016.05.13 2016고정447
도로교통법위반(음주운전)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 19, 2015, the Defendant driven a car with C low-speed at a section of about two meters from the front parking lot of Guro-gu Seoul to the front road of the building B, while under the influence of alcohol with 0.102% of alcohol content among blood transfusions around 21:27.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

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

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

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (amount of KRW 100,000 per day)

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that a person who has reported the driving of drinking in this case shall take the vehicle into consideration the Defendant’s identity, and thus, the Defendant was at sight between the reporter and the Defendant in the course of moving the vehicle, and the reporter reported the Defendant to drive the vehicle, and the Defendant demanded the reporter to take the vehicle out of the vehicle, but the reporter was also asked the reporter to allow the reporter to take the vehicle out of the vehicle. However, the reporter’s refusal is the place of the driving in this case, the distance, the Defendant’s primary offender, family relations, and economic circumstances,

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