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(영문) 서울동부지방법원 2016.10.13 2016고단2674
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2012, the Defendant was issued a summary order of fine of three million won by the Incheon District Court for the crime of violation of the Road Traffic Act, and a summary order of two million won by the Seoul Eastern District Court on August 20, 2015, respectively.

Nevertheless, at around 23:00 on August 2, 2016, the Defendant driven a B-cr cruise car while under the influence of alcohol concentration of about 0.158% from the 1km section of approximately 1km to the 6-lane 26th of the same upper day in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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