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(영문) 서울동부지방법원 2017.01.18 2016고단3966
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 28, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 2.5 million for a fine in the same court on December 10, 2014.

On November 6, 2016, at around 01:02, the Defendant driven B B benz car under the influence of alcohol with approximately 2km alcohol concentration of about 0.129% from the section of approximately 2km from the front of the Cheongdamdong, Gangnam-gu, Seoul to the front road of about 80 meters in Gwangjin-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous conviction: Application of a written inquiry and a summary order of two Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Re-driving again even if a person has already been punished for drinking twice on the last two occasions in 2013 and 2014 under Article 62(1) of the Criminal Act, the person shall be punished by a severe punishment in terms of the point of driving again and the volume of drinking; however, he/she shall not drive again;

In addition, there is no past record of more severe punishment than fines (three times), and considering all kinds of sentencing conditions including the defendant's age).

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