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(영문) 서울중앙지방법원 2017.10.17 2017고단5904

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

On August 27, 2008, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of road traffic law at the Seoul Central District Court on August 27, 2008, and a fine of KRW 2.5 million by the same court on August 27, 2010.

At around 04:00 on July 11, 2017, the Defendant driven a B string-man car under the influence of alcohol content of about 300 meters from the Do in front of Hongsung-gun Hong-gun, Hongsung-gun, Hongcheon-do to the 140-ro 184 front road in the same Do red-ro 140 meters north-ro.

As a result, the Defendant violated the prohibition clause on driving under the influence of alcohol not less than twice, and drives the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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;