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(영문) 서울중앙지방법원 2018.01.31 2017고단8307
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

around 13:45 on October 12, 2017, the Defendant driven B rocketing car with alcohol content of about 0.186% in the same section from around 50 meters to around 103 at the front parking lot of about 101, the Han-ro 51-ro, Gangnam-gu, Seoul, Seoul, Man-ro, 51-ro 49, 101.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report, a statement of control, and each investigation report (No. 8, No. 9 on a net basis);

1. Application of Acts and subordinate statutes to the report on the situation of the driver making a drinking and the regulations of the drinking Stick;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as a matter of choice of punishment (the defendant has already been punished twice due to drinking driving, and driving again and causes an accident at once (not prosecuted) and taking into account the circumstances, such as the fact that the amount of alcohol concentration in blood is considerably high at the time of the accident;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the circumstances, such as the fact that the defendant commits a crime against his/her will and reflects the fact that he/she has not been punished by a fine heavier than that of a fine for the same crime before the case);

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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