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(영문) 서울남부지방법원 2017.12.07 2017고단4883
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 July 4, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 1 million for the same crime at the same court on March 17, 2015, respectively.

around 00:50 on October 1, 2017, the Defendant driven B rocketing car with alcohol content of about 0.125% from the front line of the Gangseo-gu Seoul Metropolitan Government Seogdong, to the 465 front road according to the same old airport.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, was driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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