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(영문) 서울동부지방법원 2016.09.12 2016고단1615
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on July 27, 2007, and a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on September 4, 2007.

On March 30, 2016, at around 23:10, the Defendant driven B rocketing car with approximately KRW 1k alcohol concentration at the section of approximately 0.148% in blood, from the road near the Dong-gu Seoul Metropolitan Government, Dong-gu, Seoul to the front of the same life-long 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. Records of alcohol measurement and statement in the circumstances of the driver in charge of the main alcohol during blood;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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

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 suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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