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(영문) 서울동부지방법원 2017.02.09 2016고단4133
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 March 12, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul East District Court on March 12, 201, and on July 22, 2015, a summary order of KRW 1 million for the same crime in the support for the development of the source of water sources and the support for the development of the source of water sources on July 22, 2015, and was punished as a crime of violating the Road Traffic Act (driving) at least twice.

Nevertheless, at around 02:20 on November 20, 2016, the Defendant driven B car under the influence of alcohol leveling 0.184% from around 500 meters in the section of approximately 500 meters in alcohol level to the south Limit of 674, the same Olympic Winter Park, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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 stay of execution (to select imprisonment with prison labor in consideration of the fact that alcohol concentration in the blood and causes an accident during drinking while driving, but to postpone the execution of punishment in consideration of the reflectability, etc.);

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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