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(영문) 서울동부지방법원 2017.06.22 2017고단541
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 9, 2015, the Defendant was sentenced to a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Seoul Western District Court, and a fine of KRW 5,000,000 for the same crime at the Seoul Southern District Prosecutors' Office on November 9, 2015.

On February 4, 2017, the Defendant driven a 10km of 0.075% alcohol while under the influence of alcohol during blood around 05:47 on February 4, 2017, the Defendant driven a Radal car from the front day of the trade influence in Yongsan-gu Seoul Metropolitan Government, to the roads adjacent to the Asan Hospital, 43-ro, Yongsan-gu, Seoul Olympic Games.

around 04:35 on February 25, 2017, the Defendant driven a D Ra car while under the influence of alcohol concentration of about 0.098% from approximately 80 meters to the effect of Yongsan-gu Seoul, Yongsan-gu to about 220 days, from the 251 Cheongnam-ro, Yongsan-gu, Seoul.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, report on the detection of the driver at home, and report on the situation of the driver at home; and

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions, and reporting results, of statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend lectures, have a record of having received a criminal disposition due to drinking driving on several occasions, and the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order

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