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(영문) 서울중앙지방법원 2016.09.21 2016고단4846
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court on April 30, 201, and a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court on April 30, 201.

On September 19, 2016, the Defendant driven a B car volume approximately 1 kilometer from the road on which it is impossible to find out the 0.120% of alcohol content among blood transfusion in Gangnam-gu Seoul, Gangnam-gu to the road before 1212-8 times prior to the same Dongpodong-dong 1212-8.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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 stay of execution (with regard to the fact that there is no record of criminal punishment except that imposed twice on the person subject to a fine due to the violation of the law, the driving of drinking, etc., and other consideration of the age, environment, circumstances after the crime

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