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(영문) 서울동부지방법원 2016.03.31 2016고단233
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

【Criminal Records】 On September 14, 2007, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws at the Seoul Eastern District Court, and was sentenced to a fine of 2 million won for the same crime at the same court on April 6, 2012.

【Criminal facts, while under the influence of alcohol content 0.081% in blood, the Defendant was driving at the level of 1 km of the Cone Starex vehicle from January 11, 2016 to the 394 front of Seongdong-gu Seoul Seongdong-gu Island, Seongdong-gu, Seoul, with the mutual influence 2 of Seongdong-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. Whether to output the measuring instruments for drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

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 requires strict punishment in consideration of the fact that the defendant had been already punished twice due to drinking driving, and that the criminal records related to the traffic crime can be taken into account.

However, the punishment is determined as ordered in consideration of various sentencing factors expressed in the trial process of this case, such as the defendant's depth and has no previous conviction, the age, sex, intelligence and environment of the defendant, and circumstances at the time of the crime.

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