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(영문) 서울동부지방법원 2016.06.16 2016고단1021
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 23, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 24, 2010, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court on July 27, 201, and issued a summary order of KRW 3 million for the same crime at the same court on September 6, 201, and on September 201, the Defendant was sentenced to a summary order of KRW 4 million for a fine of KRW 4 million for the same crime, etc. at least twice.

On March 20, 2016, around 08:11, the Defendant driven B-5 automobiles under the influence of alcohol content of about 0.074% from the section of about 40km to the Gannan-si, Sinan-si, Gan-si, Nan-si, Nan-si, Lan-si, Nan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries about criminal history, and reports on investigation (electric records subject to punishment not less than twice due to drinking driving);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the crime; the choice of imprisonment with prison labor;

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. The punishment shall be determined in consideration of favorable circumstances, such as the fact that the Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, was punished several times by a fine due to drinking alcohol driving, and the Defendant again committed the instant crime due to the unfavorable circumstances to the Defendant, such as the fact that the Defendant, while drinking together with his/her family members and drinking together with his/her family members, was crackdownd while driving in the following manner, and that the mistake

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