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(영문) 서울동부지방법원 2016.12.28 2016고단3794
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 29, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on November 29, 2013, and was sentenced to a summary order of KRW 3 million for the same crime at the Seoul Northern District Court on August 27, 2014, and was sentenced to a summary order of KRW 3 million for drinking driving twice or more.

Nevertheless, at around 23:56 October 2, 2016, the Defendant again driven a B-to-purd vehicle with a blood alcohol content of about 2 km from the front side of the Cheongmart in Gangdong-gu Seoul Metropolitan Government 234 to the front side of the same Olympic Games 936 (Cambadong).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report on a drinking driver, the results of the crackdown on drinking driving, each investigation report, and each photograph;

1. Previous records: Inquiries and inquiries and the application of Acts and subordinate statutes concerning investigation reports (related to the same kind of power of a suspect);

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

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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (2) of the same Act (Article 62 of the same Act) shall be imposed on the penalty in that the person has been punished for driving under the influence of alcohol twice again, the person has experienced an accident involving the humanitarian boundary even after having

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