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(영문) 서울동부지방법원 2015.03.26 2015고단11
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 11, 2007, the Defendant received a summary order of fine of two million won for a violation of the Road Traffic Act at the Seoul Northern District Court, and on May 6, 2009, issued a summary order of fine of three million won for the same crime at the Seoul Central District Court.

Although the Defendant had been under punishment twice or more for the violation of the Road Traffic Act, on December 22, 2014, at around 21:35, the Defendant driven a Bppon car under the influence of alcohol content of about 0.147% from a section of about 300 meters from the front side of a drinking fel in Seongdong-gu Seoul Metropolitan Government, to the road near the 818th place.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflective attitude, criminal record, etc.);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act reflects the mistake of one’s own person in depth, the fact that

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

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