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(영문) 서울남부지방법원 2018.01.18 2017고단5978

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 23, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime at the Incheon District Court on July 16, 2012, respectively. On April 10, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the Incheon District Court.

On November 24, 2017, around 23:22, the Defendant driven B rocketing car under the influence of alcohol content of about 0.185% from the blood alcohol content at approximately 200 meters to the new bank dong-dong, Yangcheon-gu, Seoul.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, was driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the depth of the crime in this case and there is no previous conviction heavier than the suspension

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;