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(영문) 서울중앙지방법원 2018.01.16 2017고단7064
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 November 25, 2011, the Defendant issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and KRW 5 million as a fine at the Seoul Western District Court on December 30, 2016.

On September 1, 2017, at around 03:31, the Defendant driven a B-hand car with alcohol content of about 500 meters in approximately 0.183% while under the influence of alcohol at around 0.183% in a fluence of blood, from the area near the new rice field in Gangnam-gu, Seoul to the death distance of the off-gu, 178, the same Gu-ro, 8, the Gu-ro, 178.

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, report on investigation (the previous confirmation of such past history);

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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