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(영문) 서울동부지방법원 2016.12.22 2016고단3560

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2009, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and the summary order of KRW 3 million as a fine at the Seoul Central District Court on May 28, 2010.

On September 13, 2016, at around 01:23, the Defendant driven a B Sti-type car in the state of alcohol alcohol concentration of about 0.153% in the section of about 5km from the front side of the Jail-dong, Songpa-gu, Seoul to the same road of about 192 in Gwangjin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the statement on the actual state of the driver, written consent to the collection of blood, response to requests for appraisal, and investigation report (applicable to the Tradmark);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (no criminal record before the suspension of execution);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;