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서울동부지방법원 2017.04.13 2017고단404

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.


Punishment of the crime

On June 23, 2006, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of 700,000 won as a crime of violating the Road Traffic Act (drinking) at the Seoul East District Court on June 23, 2006, and a fine of 2 million won in the same court on September 4, 2009, respectively.

On April 21, 2016, at around 22:29, the Defendant driven a B lus vehicle under the influence of alcohol concentration of about 0.176% from around 200 meters to around 6, 186-9, Gwangjin-gu, Seoul Special Metropolitan City, to the same tension of 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. An explanatory note;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

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 following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration as seen earlier);

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture has the power to be punished for drinking driving twice, and the defendant's responsibility for the crime of this case is heavy in light of the fact that the defendant committed the crime of this case even though he had the power to drive without a license and to pay traffic accidents, and that

However, the judgment of suspended execution is sentenced in consideration of the fact that the defendant commits an error in depth and that the defendant has no criminal punishment heavier than the fine so far, and the order to attend the community service order and the order to observe the law will be added to prevent recidivism.