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(영문) 서울중앙지방법원 2017.04.18 2017고단1032
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 January 11, 2012, the Defendant was issued a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act, and on March 27, 2014 from the Incheon District Court to a fine of KRW 1.5 million as an offense.

On February 12, 2017, while under the influence of alcohol level of 0.10% among the blood transfusion around 03:18, the Defendant driven a 4km B km car at around the front of the 303rd Sick Sick Road located in the same Gu, Gangnam-gu, Seoul, at the same time, around the 0.10% of the alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order attached to the suspect's previous records);

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 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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