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서울중앙지방법원 2017.09.20 2017고단4510

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 15, 2012, the Defendant was sentenced to a fine of KRW 1 million and a fine of KRW 3.5 million for the same crime in the same court on December 14, 2015, respectively, in support of the Sungnam-gu Office of Friwon for the violation of road traffic law.

around 18:10 on March 2, 2017 to 18:30 on the roads near the Gunar Station located in Gwangjin-gu Seoul, Seoul, the Defendant driven a motor vehicle with alcohol content of at least 0.225% in the 7km section while under the influence of alcohol at around 0.225% in the vicinity of the Gunar Building located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the Defendant was driving a motor vehicle under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of a request for appraisal, a report on detection of a primary driver;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;

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

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

1. The community service order under Article 62-2 of the Criminal Act;