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(영문) 서울동부지방법원 2016.11.30 2016고단3097
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 12, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on July 12, 2006, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the same court on December 18, 2008.

On September 11, 2016, at around 00:31, the Defendant driven a B-ro car under the influence of alcohol concentration of approximately 0.058% from the section of approximately 2km from the front of the G-dong in Seoul Special Metropolitan City to the same 428 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the results of the crackdown on drinking driving, written consent to blood collection, written appraisal of blood alcohol, and written report on drinking drivers;

1. Previous records: Inquiries and inquiries and the application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that a person has committed an offense in depth and has no record of being sentenced to more severe punishment than a fine);

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