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(영문) 서울남부지방법원 2016.02.16 2016고단29
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 April 18, 201, the Defendant was sentenced to a suspended sentence of two times or more due to a violation of the Road Traffic Act (drinking driving) in the Busan District Court’s Busan District Court’s Branch on April 18, 201, a fine of two million won from May 19, 201 to a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court’s Southern District Court on May 19, 201, and on April 20, 201, a violation of the Road Traffic Act (drinking driving) at the Incheon District Court’s Branch Branch on April 20, 201, on two or more occasions, such as being sentenced to a suspended sentence of two years for one year due to a violation of the Road Traffic Act (drinking driving). However, on December 21, 2015, the Defendant was driving from the front day of the Geumsan Do-ro 1304 to the front day of the 11-lane B 169% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (the application of the above dmark);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (the confirmation of previous history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The Defendant committed the instant crime again, even though he/she had the record of punishment twice due to drinking driving, as stated in the judgment of the court, with the reason for sentencing under Article 62-2 of the Criminal Act, and the amount of drinking alcohol high, etc. in light of the fact that the Defendant committed the instant crime, and the amount of drinking alcohol high

However, considering the fact that the defendant recognizes the crime and reflects the depth of the crime, the driving distance is relatively short, and other various sentencing conditions such as the defendant's age, sex, environment, and circumstances after the crime, the punishment shall be determined as ordered.

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