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(영문) 서울동부지방법원 2017.09.28 2017고단1840

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On July 20, 2009, the Defendant was issued a summary order of a fine of KRW 1 million on July 20, 200 and a fine of KRW 3 million on July 20, 2012 with the same crime at the Seoul Eastern District Court at the Seoul Eastern District Court at the same time on July 20, 209, and was punished for drinking driving two times or more.

[2] On April 2, 2017, around 00:35, the Defendant driven a B Mabro vehicle under the influence of alcohol leveling 0.160% from the section of about 70 meters from the 54-13rd road of Seongdong-gu Seoul, Seongdong-gu to the same 9-ro road.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. (A) the application of an inquiry letter, such as criminal history, and Acts and subordinate statutes on the report of investigation (the same kind of force of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 suspension of execution (see, e.g., Supreme Court Decision 62 (1));

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