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(영문) 서울중앙지방법원 2017.09.20 2017고단5261
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 18, 2010, the Defendant received a fine of KRW 1.5 million from the Seoul Southern District Court due to a violation of the Road Traffic Act (drinking driving), and on April 11, 201, a fine of KRW 4 million from the same court on April 11, 201.

On June 15, 2017, the Defendant was under the influence of alcohol concentration of 0.273% (the result of blood collection) during blood transfusion around 22:45 on June 15, 2017, and operated B-car from the vicinity of Geumcheon-gu Seoul Metropolitan City to the new forest of 209 km in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Written appraisal of alcohol concentration in the blood;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (examination of suspect drinking skills);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. The community service order under Article 62-2 of the Criminal Act;

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