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(영문) 서울남부지방법원 2018.02.06 2017고단6117
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

[criminal history] On March 4, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Seoul Northern District Prosecutors' Office, and on July 24, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the Seoul Western District Prosecutors' Office, and on February 11, 2015, issued a summary order of KRW 6 million for the same crime.

[2] On November 26, 2017, around 01:00, the Defendant driven a BM6 vehicle under the influence of alcohol leveling 0.082% from approximately 50 meters from the 50m section of alcohol level to the same 138-ro Domination road in Gangseo-gu, Seoul, Gangseo-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving, the details and records of crackdown, and the notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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