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(영문) 서울동부지방법원 2017.11.23 2017고단2712

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 December 24, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Busan District Court Branch Branch on December 24, 2007, and on August 18, 2008, the Defendant received a summary order of KRW 2 million for the same crime from the Hongsung Branch Branch of the Daejeon District Court on August 18, 2008 and received two records of punishment for drinking driving.

On July 27, 2017, around 22:50, the Defendant driven a Done Starsch Rexroth car while under the influence of alcohol content of about 0.210% in a section of about 10 meters in the C commercial parking lot located in Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Records of the measurement of drinking alcohol, field photographs and investigation reports (the application of the above dmark);

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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

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. The grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order include the fact that the defendant was subject to a criminal disposition due to the crime of drinking two times, the defendant's age, occupation, sex, family relation, and circumstances before and after the crime, and the conditions of sentencing as shown in the records shall be determined in the same manner as the order.