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(영문) 서울동부지방법원 2017.05.19 2017고단736

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

[criminal record] On November 3, 2008, the Defendant issued a summary order of 2.5 million won for a crime of violating road traffic law at the Seoul Western District Court on the same day, and on July 2, 2013, the Seoul Southern District Court issued a summary order of 4 million won for the same crime.

[2] On February 21, 2017, around 23:39, the Defendant driven a Bing vehicle while under the influence of alcohol content of about 0.176% from the 1km section to the 35th road of Songpa-gu Olympic Games from the parking lot for alley tree in Songpa-gu Seoul Metropolitan City to the 12-lane 35th day of the Olympic Games.

As a result, the defendant was a person who has a driving force of drinking not less than twice and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

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

1. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a crime and has no criminal record of suspended sentence or heavier) in the suspended sentence;

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