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(영문) 서울남부지방법원 2017.07.06 2017고단2020
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 October 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws in Seoul Southern District Court on October 26, 2012. On March 13, 2017, the Defendant was charged with a summary crime of violating road traffic laws at the Seoul Southern District Court on March 13, 2017, and is currently pending trial. The Defendant was a person who had not less than twice the record of drinking alcohol.

On March 27, 2017, around 00:30 on March 27, 2017, the Defendant driven a Blux car in the state of alcohol with approximately 0.357% alcohol concentration in the blood from the upper street of the digital single district in Guro-gu Seoul Metropolitan Government to the front street of the apartment of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (formers and confirmation reports);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the depth of the crime in this case and there is no previous conviction heavier than the suspension

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

1. It is so decided as per Disposition for the reason that Article 62-2 (1) of the Criminal Act provides community service or attend lectures;

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