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(영문) 서울남부지방법원 2017.10.26 2017고단4105
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 7, 2007, the Defendant was issued a summary order of KRW 7 million on the grounds of a fine of KRW 4 million due to a violation of the Road Traffic Act (dacting driving), and a fine of KRW 1 million due to a violation of the Road Traffic Act (dacting driving) at the Seoul Western District Court on December 14, 2009 and September 19, 201 at the Seoul Western District Court issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (dacting driving) at the Seoul Western District Court on September 19, 201.

On July 30, 2017, at around 02:20, the Defendant driven a nived car at approximately 0.112% of alcohol concentration in blood from the Nam-gu Incheon Nam-gu, Incheon to the front road of the 618 literature stadium, the Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of the driver who is placed in driving, inquiry about the results of crackdown on drinking driving, response to requests for appraisal, and appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the record of punishment three times due to drinking driving in the past; (b) the amount of alcohol concentration in the blood of this case exceeds the fine; and (c) the timing of punishment due to drinking in the past; (d) the timing of punishment due to drinking in the blood of this case; (e) the driving distance; and (e) the circumstances after

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