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(영문) 서울동부지방법원 2015.11.19 2015고단2932
도로교통법위반(음주운전)등
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 June 8, 2010, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and on July 22, 2014, the Defendant was issued a summary order of 4 million won for the same crime at the same court.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, on August 29, 2015, the Defendant driven E-Poter cargo in a state of under the influence of alcohol of 0.176% of the blood alcohol concentration from C restaurant located in Hanam-si B to D, Gangdong-gu, Seoul at approximately 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown, and the statement of the status of the driver;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflective attitude, recent criminal records, 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 Criminal Act in depth reflects the mistake of one's own person, the crime records exceeding

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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