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(영문) 서울남부지방법원 2017.10.26 2017고단4317

도로교통법위반(음주운전)

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant had a record of having been sentenced to a fine of KRW 1 million on April 15, 2009 and a fine of KRW 2.5 million on November 17, 2009 for the same crime at the Seoul Southern District Court.

【Criminal fact-finding on August 29, 2017, the Defendant driven a 200-meter bex motor vehicle from the front of the mountain station located in Gangseo-gu Seoul Metropolitan City, Gangseo-gu to the front road located in Gangseo-gu, Gangseo-gu, Seoul, to the end of 797 Merodong, while under the influence of alcohol content 0.131% during blood transfusion.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

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