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(영문) 서울중앙지방법원 2016.01.15 2015고단7134
도로교통법위반(음주운전)등
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 21, 2011, the Defendant issued a summary order of KRW 3 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 May 26, 2015, respectively.

On August 30, 2015, at around 20:40, the Defendant driven a motor vehicle owned by the Defendant in the state of alcohol concentration of about 0.130% in the middle of the blood alcohol level at approximately 400 meters from the front of the mountain basin in the Namyang-si, Chungcheongnam-si, the Namyang-si, the Namyang-do, to the road in front of the same 330-1 front of the west-do.

As a result, the Defendant was punished for a violation of the Road Traffic Act (drinking driving) on two occasions, but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation (a report on the investigation of distance of the suspect);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (Attachment to drinking driving records);

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. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;

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