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(영문) 서울중앙지방법원 2017.05.16 2017고단1421

도로교통법위반(음주운전)

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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

On May 6, 2010, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of road traffic laws at the Seoul Southern District Court on May 6, 2010, and KRW 3 million with a fine of KRW 3 million for the same crime at the Cheongju District Court on May 3, 2012.

On January 22, 2017, at around 06:20, the Defendant driven a car with approximately 500 meters alcohol content 0.079% alcohol content in blood at a section of approximately 500 meters from the parking lot of the Academy, which is located in 16, a 06:20-ro, Dongjak-gu Seoul, Seoul, and 5,00, to the amb (SM5).

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (not later than twice drinking and confirmation) statute;

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 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;