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(영문) 서울동부지방법원 2016.05.11 2016고단17
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:34 on Nov. 10, 2015, the Defendant driven B rocketing Passenger Vehicles with approximately 500 meters alcohol concentration of 0.183% in blood, while under the influence of alcohol, from around 500 meters to the right ahead of the crossing in 1453 (Road) as the same body materials as the previous body at the fluence of the road in Gangdong-gu Seoul Metropolitan Government.

On January 11, 2005, the Defendant issued a summary order of KRW 1 million for a crime of violating Road Traffic Act at the Seoul Eastern District Court on January 11, 2005. On August 31, 2012, the Seoul Central District Court issued a summary order of KRW 5 million for the same crime, and was punished twice or more due to drinking driving.

Nevertheless, at around 02:53 on January 18, 2016, the Defendant, as Gangnam-gu Seoul, driven a B rocketing car with approximately 10 meters alcohol concentration of about 0.133% from the 10-meter section from the 150-way road to the 594-way road as Gangnam-gu Seoul, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement on the circumstances of each driver of a driving vehicle, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, response to requests for appraisal, and report on detection of the driver of a driving vehicle;

1. Each photograph;

1. Previous convictions: References to inquiries, investigation reports (verification of criminal records of the same type), copies of each summary order, and the application of Acts and subordinate statutes;

1. Articles 148-2 (2) 2, 44 (1) (the choice of imprisonment), 148-2 (1) 1, and 44 (1) (the choice of imprisonment with prison labor) of the relevant Act on the grounds of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1)(1)(c) of the Act on the Suspension of Execution is to prevent the Defendant from driving alcohol in order to prevent the Defendant from driving alcohol, in that the Defendant, who had already been punished by a fine on November 10, 2015, was under criminal punishment procedures on January 18, 2016, was under way.

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