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(영문) 서울남부지방법원 2017.10.26 2017고단4280

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 February 13, 2009, the Defendant was sentenced to a fine of 1.5 million won as a violation of road traffic law (drinking driving) at the Suwon Friwon method Board, and a fine of 1.5 million won as a result of the same crime at the Seoul East East District Court on October 13, 2009.

Criminal facts

On August 24, 2017, at around 23:51, the Defendant driven B-low-scale car with approximately 100 meters alcohol concentration 0.158% while under the influence of alcohol on the roads near the Gangseo-gu Seoul Metropolitan City Gambro, for approximately 100 meters prior to the 101st road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;