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(영문) 서울남부지방법원 2016.04.12 2016고단12
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 26, 2008, the Defendant was sentenced to a fine of 700,000 won due to a violation of road traffic law in the leisure support of the Suwon Friwon method, and was sentenced to a suspended sentence of 6 months for the same crime on May 14, 2008, and was sentenced to a suspended sentence of 6 months due to the same crime in the Ansan Friwon method, and was sentenced to a suspended sentence of 6 months for the same crime on December 9, 2008.

On December 11, 2015, the Defendant driven a shower car in the state of alcohol alcohol concentration of approximately 0.090% from the 1km section of approximately 1km to the front road of the Dobong Elementary School.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Investigation report (verification of suspect's records of driving alcohol at least twice) and the application of Acts and subordinate statutes as a result of inquiry;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for not less than six months nor more than one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution two years, community service, 120 hours, defendant's reflect [finite circumstances] higher than the defendant's reflect [finite conditions], alcohol concentration in blood, drinking driving after 2008, etc., and has been punished as a suspended sentence or a suspended sentence (the fourth detection due to drinking after 2008).

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