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(영문) 서울중앙지방법원 2016.07.13 2016고단3383
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 5, 2009, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 5 million for the same crime at the same court on March 19, 2013.

around 01:40 on May 9, 2016, under the influence of alcohol content of 0.224% during blood without a driver’s license, the Defendant driven a B car at approximately 300 meters from the front day of a drinking fright in Gangnam-gu Seoul, Gangnam-gu, Seoul to the road 580 times prior to the same 580-meter.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

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

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