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(영문) 서울서부지방법원 2016.11.24 2016고단3013
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On November 30, 2007, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on March 25, 2011, a summary order of KRW 2 million from the Sungnam Branch of Suwon District Court to a fine of KRW 2 million for the same crime, respectively.

【Criminal Facts】

On August 31, 2016, at around 23:54, the Defendant driven B K5 car in the state of alcohol alcohol content of about 0.137% 0.137% from the Han Homeco parking lot of Dongjak-gu Seoul Metropolitan Government from around 15-ro 5-gil to the front of the exit area of 112, as Yongsan-gu, Yongsan-gu, Seoul.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Records of judgment: Application of criminal records, inquiry reports, and copies of summary order Acts and subordinate statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant repents his mistake and has no record of serving a heavier punishment than

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

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