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(영문) 서울동부지방법원 2016.09.29 2016고단2450
도로교통법위반(음주운전)
Text

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.

Reasons

Punishment of the crime

[criminal history] On January 23, 2009, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating road traffic laws at the Seoul Eastern District Court, and a summary order of five million won for a crime of violating road traffic laws at the Seoul Central District Court on April 13, 201.

[2] On July 16, 2016, the Defendant was under the influence of alcohol content of 0.159% in blood around 12:25 on July 16, 2016, and driving a 7 km B rocketing car from the front of the convenience store in the vicinity of the Seoul Southern Station in Gangnam-gu, Seoul to the front road of the 130-Hon-ro in Seongdong-gu, Seongdong-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. The circumstantial report on the situation of the driver involved in driving, data from output of drinking instruments, response to requests for appraisal, and report on the detection of the driver involved in driving;

1. A report on investigation;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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