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(영문) 서울동부지방법원 2016.07.13 2016고단1387
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 13, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and on April 9, 2010, upon receiving a summary order of KRW 2.5 million for the same crime from the Seoul East District Court, the Defendant was punished for drinking driving two times or more.

On April 26, 2016, around 22:28, the Defendant driven a light-line car in the state of alcohol 0.127% of alcohol concentration in the 7km section from the Do in front of the Seoul Gangnam-gu Seoul Metropolitan City Sambro to the 44th-ro, Songpa-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous convictions: References to inquiries, application of the Acts and subordinate statutes on investigation reports (the same type of crime records);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is urgently required to eradicate the driving of drinking, and thus, the defendant should be punished by severe punishment. However, the fact that there is no record of significant punishment other than three times of fines, and that the defendant will not drive drinking again;

It is judged as ordered in consideration of all kinds of sentencing conditions, such as the fact that the depth is divided and age of the defendant.

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