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(영문) 서울동부지방법원 2016.09.08 2016고단2431
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 10, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Seoul Central District Court on December 10, 2008, and was sentenced to a summary order of KRW 1.5 million for the same crime on February 5, 2015.

Nevertheless, at around 23:25 on July 19, 2016, the Defendant driven B EX car under the influence of alcohol content of about 4 km from around 165 meters to the front road of the 165-2 dong-dong, Dong-gu, Seoul Special Metropolitan City (Seongdong 460-2), along with the same Gangseo-dong from around 23:25, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (report on attachment of the same type of power);

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into account the fact that the punishment of imprisonment is chosen because the driving is repeated and the blood alcohol concentration is high, but it shall be reflected therein);

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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