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(영문) 서울남부지방법원 2016.06.16 2016고단925
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 8, 2016, at around 20:20, the Defendant driven Cystren car at approximately 150 meters of alcohol level from the roads of Gangseo-gu Seoul Metropolitan Government to the shooting distance of 341 Yang-ro 341,00 Confucian Schools.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate for measuring drinking alcohol;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

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

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

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend a lecture, the defendant, who was punished by a fine twice due to drinking driving, suspension of the execution of imprisonment, etc., is not good that he/she again drives in the state of drinking alcohol concentration of 0.256% during blood.

However, in full view of the favorable circumstances, such as the fact that the defendant repents and reflects his/her mistake, the fact that he/she seems to not drive any motor vehicle any longer, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant, the punishment as ordered shall be determined.

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