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(영문) 서울동부지방법원 2016.08.25 2016고단1339
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 17, 2007, the Defendant was issued a summary order of 3.5 million won for a violation of road traffic laws (drinking driving), etc. by the Seoul Northern District Court on December 17, 2007, and on November 18, 2009, the Defendant was issued a summary order of 3 million won for a violation of road traffic laws (drinking driving), etc. by the Seoul Northern District Court.

On April 13, 2016, the Defendant driven a car with approximately KRW 5km B Spill in the shape of alcohol with approximately 0.115% alcohol concentration in blood around 09:27, while under the influence of alcohol at around 09:15%, in the inside circulation of Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on detection of drivers of the primary driver, reports on the circumstances of drivers of the primary driver, and investigation reports (applicable with the aforementioned marks);

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the crime; the choice of imprisonment with prison labor;

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 punishment shall be determined by taking into consideration favorable circumstances, such as the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, was punished four times by a fine due to drinking alcohol driving, again commits the instant crime, and the fact that alcohol concentration in blood is high, etc. disadvantageous to the defendant, there is no past record of criminal punishment heavier than a suspended sentence, and the fact that a mistake is repented, etc.

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