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(영문) 서울동부지방법원 2016.07.14 2016고단1632
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 14, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the Seoul East District Court on the same day. On July 8, 2009, the Defendant was sentenced to a summary order of KRW 2 million as a same crime in the Sungnam branch support of Suwon Branch of Suwon District Court on the same day, and on April 9, 2015, the Defendant was punished two times or more due to drinking, such as being issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking of drinking) at the Chuncheon District Court on the same day.

On May 26, 2016, around 23:04, the Defendant driven a CNp-si car in the state of alcohol alcohol content of about 0.080% while under the influence of alcohol without obtaining a driver's license from approximately 6km section from Gangdong-gu to about 33-57, Giri-ro 25 Gari-ro, Gangdong-gu, Gangdong-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (drink driving records);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (Consideration of misunderstandings, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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