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(영문) 서울남부지방법원 2017.08.10 2017고단2210

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 15, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 15, 2008, and a fine of KRW 1.5 million as the same crime in the same court on December 5, 2008.

On 17:54 around 17:05, the Defendant driven BM7 car under the influence of alcohol content of at least 0.250% from the 1498-way of Gangseo-gu Seoul Metropolitan Government to the 666-2-way route of Gangseo-gu Seoul Metropolitan City, Gangseo-gu, Seoul, etc. for about 800 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A previous conviction: Application of a written inquiry and a written reply;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is two times the driving force of drinking, and the degree of drinking is very serious, etc. are disadvantageous to the defendant.

However, there are favorable circumstances such as the fact that there is no criminal history of probation or higher, the fact that there is no social ties such as supporting the family while engaging in the occupation.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but subject to community service and compliance driving lectures.

It is so decided as per Disposition for the above reasons.