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(영문) 서울중앙지방법원 2016.06.15 2016고단2001
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court on April 20, 2009, and a fine of five million won for the same crime at the Seoul East District Court on June 8, 2012, on two occasions.

On March 25, 2016, while the Defendant was under the influence of alcohol content of 0.068% in blood around 22:41, the Defendant driven, as Gangnam-gu Seoul, approximately 50 meters from the front of 478-ro to the front of 112 as Gangnam-gu, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. An explanatory note;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 (defensive points, blood alcohol concentration is not high, and other consideration given to the defendant's age, environment, circumstances after committing a crime, etc.);

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