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(영문) 서울중앙지방법원 2016.11.16 2016고단7231
도로교통법위반(음주운전)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2009, the Defendant was notified of a summary order of a fine of four million won for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on November 23, 2009, and on February 18, 2013, a summary order of a fine of four million won for the same crime at the Seoul Western District Court on February 18, 2013 and three criminal records of the same kind are added.

Criminal facts

On September 21, 2016, at around 23:33, the Defendant driven B rocketing car with the blood alcohol concentration of about 0.093% from the first parking lot in the Nam-gu Incheon Metropolitan City Seopo-gu to the roads of about 100 meters from around 66-30.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

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

1. Previous convictions: References to criminal records and investigation reports (limited to criminal records before and after a suspect's drinking alcohol test);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (limited to five times the records of drinking alcohol, but it seems that there are circumstances that may be taken into account some developments, such as making a confession and not repeating a crime, or taking into account the age, character and conduct, environment, etc. of the defendant, and all other circumstances, such as the age, character and conduct, etc. of the defendant);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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