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(영문) 서울중앙지방법원 2017.09.13 2017고단5303

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 March 14, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Suwon Flag Flag method, and on October 24, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act from the Seoul Central District Court.

On June 30, 2017, at around 22:35, the Defendant driven B K7 car under the influence of alcohol 0.133% from the 3km section from the Do in front of the 2089 History to the Southern-ro, Seoul Special Metropolitan City, the Southern-ro, Seoul Special Metropolitan City, to the road 1707.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. References to inquiries, such as criminal history, investigation reports (former and attachment of the summary order), application of a copy of the summary order Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;