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(영문) 서울중앙지방법원 2017.10.18 2017고단5771

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On July 11, 2016, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and on October 28, 2013, the Defendant issued a summary order of KRW 3 million for the same crime at the Seoul Western District Court.

On July 25, 2017, the Defendant, while under the influence of alcohol content of 00:40% in blood, driven a 2MW car at approximately 500 meters from the front of the exit road No. 5 in Gwanak-gu in Seoul Special Metropolitan City to the front of the exit road No. 14 in the Gu, 00 meters in width.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (report on the situation of the driver in charge); and

1. A paper of measurement of drinking alcohol;

1. Written response to a request for appraisal;

1. A copy of an investigation report (Submission of a report on detection of a primary driver) and a report on detection of a primary driver;

1. Application of an inquiry letter, such as criminal history, and a copy of each summary order;

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 small amount;

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