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(영문) 서울중앙지방법원 2017.10.30 2017고단6701
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Central District Court on October 13, 2008 and a fine of KRW 5 million as a same crime in the same court on December 5, 2012, and was sentenced to a fine of KRW 5 million at least twice.

[Criminal facts] Around August 27, 2017, at around 21:35, the Defendant driven Benz’s car in the state of alcohol alcohol level of about 0.122% from the 13km section of the Seoul Gangnam-gu to the road mainly 811, Gangnam-gu, Seoul. The gist of evidence is that the Defendant driven Benz’s car in the state of alcohol level of about 0.12%.

1. Statement by the defendant in court;

1. Notification of records of measurement of drinking alcohol and results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal 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. 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. Confession of the reasons for sentencing under Article 62-2 of the Criminal Act, pening, and there is no significant penalty except for fines for the same kind of punishment, and the punishment shall be determined as ordered in consideration of the defendant's age, sex, sex, family relationship, odometer, and circumstances after the crime, etc.

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