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(영문) 서울중앙지방법원 2017.08.23 2017고단4088
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 December 21, 2007, the Defendant issued a summary order of KRW 700,00,000 from the Seoul Western District Court to a fine of KRW 1.5 million for the same crime at the Seoul Western District Court on April 8, 201, and a fine of KRW 1.5 million for the same crime at the Seoul Western District Court on November 9, 201, respectively.

On April 10, 2017, Defendant 1, who had been punished twice or more due to drinking driving, driven B K7 cars while under the influence of alcohol content of about 0.219% from the upper end of the road of 589-18, Gangnam-gu, Seoul, Seoul to the front end of 588-27, on April 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification, etc. of the results of the drinking driving control (No. 3 times a moment), the details of the control, and photographs (no. 5 times a moment);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order, etc. of the same kind of power), each summary order (No. 19 times a net time);

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

1. Selection of alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant has already been punished three times due to drinking driving, again commits the instant crime even if he/she was punished, and that the amount of alcohol concentration in blood is considerably high at the time of detection);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (i.e., the fact that the defendant recognizes the facts of the crime and reflects the facts of the crime, the fact that there is no penalty heavier than the fine prior to the instant case, the distance of driving under the influence of alcohol is relatively short, and the fact that the vehicle has been driven in the course of re-parking a vehicle due to a dispute over parking, and that it can be evaluated that the vehicle has not attempted to drive any kind of motor vehicle, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. Order to attend lectures under the Criminal Act;

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