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(영문) 서울동부지방법원 2016.06.15 2016고단632
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 22, 2013, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws at the Seoul Eastern District Court on March 22, 2013, and on September 28, 2012, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws at the same court on September 28, 2012, and was sentenced to a fine of three million won due to a violation of road traffic laws (d

Nevertheless, under the influence of alcohol content of around 09:30 on March 3, 2016, the Defendant again driven B SP car at the same 8km section of Gwangjin-gu Seoul Special Metropolitan City from the Do before the mutual influence house located in the new village of Seodaemun-gu, Seoul to the 36th day of the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement on the circumstances of a driver driving a drinking, and inquiry of the results of regulating drinking driving, and a statement of control details;

1. A previous conviction: Application of a written inquiry and a written reply;

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. Article 62(1) of the Criminal Act on the suspension of execution (the fact that there is no other severe penalty than that of a fine, which has been sentenced three times as a result of a fine, and that he/she would not drive drinking again;

The defendant's age and other factors of sentencing are considered in light of the overall aspects of sentencing.

1. An order to attend a course under Article 62-2 of the Criminal Act;

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