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(영문) 서울동부지방법원 2017.08.10 2017고단1718
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

On November 20, 2008, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating road traffic laws (drinking driving) in the Youngcheon District Court’s Young-gu branch on November 20, 2008. On May 27, 2011, the Defendant was punished on two or more occasions due to drinking, such as receiving a summary order of KRW 2 million as a fine from the original branch of the Chuncheon District Court as the same crime.

Nevertheless, around 00:25 on June 8, 2017, the Defendant driven BMW car in the state of 0.114% alcohol concentration in blood at approximately 300 meters from the roads near the Sungdong subway Station in Seongdong-gu Seoul to the same road in Gwangjin-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation of the previous record), summary order approximately approximately 2419 high-ranking court support of the Chuncheon District Court, summary order of approximately 2008 high-ranking court support of the Chuncheon District Court, and summary order approximately 1179 high-ranking court support of the Chuncheon District Court;

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

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. It is so decided as per Disposition on the grounds that there are several records of punishment for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, high drinking measurement values, and other circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc.

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