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(영문) 서울동부지방법원 2017.07.21 2017고단1800
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 20, 2015, the Defendant was sentenced to a fine of KRW 3,000,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on March 20, 2015, and a fine of KRW 4,00,000 as an identical crime at the Seoul Central District Court on July 28, 2015.

2. On June 1, 2017, the Defendant, while under the influence of alcohol at around 01:30% during blood, driven a vehicle of 25 km from a place where it is difficult to find out whether a vehicle of 0.134% of alcohol was fluence in Gangnam-gu Seoul, Seoul, to drive 3 km in the Songpa-gu Olympic Games from a place where it is impossible to find out whether a vehicle of 25 km was fluent, to the front of the T

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A written statement of the driver who takes charge;

1. A paper of measurement of drinking alcohol;

1. The application of the above dmark formula;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the criminal defendant reflects himself/herself and repents,

1. An order to attend a course under Article 62-2 of the Criminal Act;

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