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(영문) 서울중앙지방법원 2017.01.25 2016고단8795
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2012, the Defendant has been notified of a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Seoul Southern District Court on August 24, 2012, and a fine of KRW 3 million for the same crime at the Seoul East District Court on March 19, 2015.

Criminal facts

On September 30, 2016, while the Defendant was under the influence of 0.195% alcohol during blood transfusion around 23:00, the Defendant driven BM-W car from the front of a non-cafeteria located in the Gangnam-gu Seoul Cheongdamdong, Gangnam-gu, Seoul to the same 159 xembly, and up to the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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 sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (2) of the Act on the Suspension of Execution, although the person has been able to drive two times within the last four years, reflects his depth, has ceased voluntarily

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