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(영문) 서울중앙지방법원 2016.11.23 2016고단7038
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 23, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Central District Court on October 23, 2006, a fine of three million won for the same crime in the same court on November 20, 2006, and a person who had the record of two years of suspension of execution for eight months of imprisonment for the same crime in the Gyeyang Branch Branch of Suwon District Court on October 5, 2012.

On September 23, 2016, while under the influence of alcohol at 00:07, the Defendant driven B car at a section of about 200 meters from the front of the wing Station located in the Gangnam-gu Seoul Metropolitan Government Gerodong to about 654, Gangnam-gu, Gangnam-gu, Seoul, with a alcohol level of 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: Application of criminal records, investigation reports (Attachment of summary order and a copy of judgment) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (limited to the suspension of the execution of a summary, but it is possible to have a record of driving under influence of alcohol, including the suspension of the execution of a summary, and the fact that the previous record of a fine has been ten years prior to the previous record of a penalty, and other circumstances of the defendant

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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