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(영문) 서울중앙지방법원 2017.03.29 2017고단482
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 1, 2007, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor at a governmental district court due to a violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of two years by the Suwon District Court on November 19, 2008 due to a violation of the Road Traffic Act.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a CKaren car with approximately 5km from the parking lot of the Central University Hospital located in Dongjak-gu Seoul Metropolitan Government, Black-dong to the 118th road in Seocho-gu, Seocho-gu, Seoul while under the influence of alcohol content of around 23:12 on January 9, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the circumstances of a driver who is placed in driving, a notice of the results of crackdown on the driving of alcohol, and a record of drinking measurement;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, investigation report (the record of punishment for drunk driving after June 1, 2006), each written judgment (the fixed district court 2208 order 2006 High Court 2008 High Court 2008 High Court 2007 High Court 3507 High Court 2008 High Court 2008 High Court 5593 High Court 2008 High Court 2009Do2147).

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (The circumstances include the following: (a) the accused reflects the fact of the crime while recognizing all the criminal facts; and (b) the accused has no record of being punished for the same kind of crime after he/she was punished for driving under influence in 2008;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Du148, Jan. 1, 2006)

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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