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(영문) 서울동부지방법원 2016.12.22 2016고단3144
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 March 23, 2010, the Defendant issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on March 23, 201, and on July 13, 2016, the Defendant was punished two times or more by a summary order of KRW 1,00,000 for the same crime.

Nevertheless, at around 23:03 on September 5, 2016, the Defendant driven a Cresh vehicle under the influence of alcohol leveling 0.096% from the front line of Seocho-gu Seoul Metropolitan Government Seocho-gu, to the front line of 152m from the Seocho-gu, Seocho-gu to the upper road of 152m of Gangdong-gu, Seoul (Gangdong-dong 707).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 (no criminal record before the suspension of execution);

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

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