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(영문) 서울동부지방법원 2018.02.08 2017고단3599
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

[criminal history] On February 13, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law at the Jung-gu District Court, etc. On March 26, 2008, the Defendant was sentenced to a summary order of 2 million won for a violation of road traffic law (drinking) at the Seo-gu District Court's Branch of Daejeon District Court on March 26, 2008, and on February 25, 2014, the Defendant was notified of a summary order of 2 million won for a violation of road traffic law (drinking) at the Seoul Northern District Court on February 25, 2014.

[2] On July 19, 2017, around 02:17, the Defendant driven two cargo vehicles with approximately KRW 1k alcohol content 0.192% in blood, while under the influence of alcohol, from the roads near the Sungdong Hospital in Gangdong-gu Seoul Metropolitan Government to the roads in front of the 674, Gangdong Olympic, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol, a statement in the circumstances of the driver, and a driver's photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the defendant had a record of being punished for the crime of drinking alcohol driving over several times, the defendant's age, occupation, sex, family relationship, and the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before

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