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(영문) 서울동부지방법원 2016.11.16 2016고단3293
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 May 1, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Sung-nam branch of Suwon District Court, and on September 7, 2012, issued a summary order of KRW 2.5 million for the same crime at the Seoul East District Court.

On September 21, 2016, the Defendant, at around 01:15, driven BMW car at the section of approximately 11 km from 0.141% of blood alcohol content from the Yandong, Gangnam-gu, Seoul to the road in front of the Jacheon-dong, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of the driver, report on the situation of the driver's license and the report on the status of the driver's license;

1. Previous convictions in judgment: Inquiry reports, investigation reports (former and attachment of judgment), and application of Acts and subordinate statutes of Chapter II of summary order;

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 twice a fine);

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