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(영문) 서울중앙지방법원 2018.01.30 2017고단7715
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 1, 2011, the Defendant issued a summary order of KRW 1.5 million as a crime of violating Road Traffic Act (drinking driving) at the Seoul Southern District Court, and KRW 2 million as a fine at the Seoul Western District Court on May 18, 2013.

On October 21, 2017, the Defendant, while under the influence of alcohol two or more times at blood alcohol level, driven Bsch Rexroth vehicles from the vicinity of the discharge station located in Seocho-gu Seoul Metropolitan Government 80%, to the front of the exit of approximately 14 square meters in Seoul Seocho-gu, Nam-ro 2103, in the shape of alcohol level 0.160%, while driving alcohol level at around 00:37.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind of crime as the suspect);

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;

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