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(영문) 서울동부지방법원 2016.09.29 2016고단1728
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on November 15, 2013, KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on March 27, 2014, respectively.

On April 19, 2016, around 03:43, the Defendant driven a coo vehicle in C while under the influence of alcohol leveling 0.106% of alcohol leveling from approximately 3 K Km from the roads near the Songpa-dong Saemaeul market in Songpa-gu Seoul to the roads in front of 5-ro 1 (Seodong) in the same new street.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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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