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(영문) 서울동부지방법원 2017.08.09 2017고단1646
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of 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 April 1, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and on March 20, 2012, the Defendant was punished on two or more occasions due to drinking, such as receiving a summary order of KRW 1 million for the same crime from the Seoul Northern District Court.

Nevertheless, on May 3, 2017, around 00:23, the Defendant driven a Burstle car with the alcohol concentration of about 0.120% at a section of about 300 meters from the 12-7-way road in Seongdong-gu, Seoul to the same 72-day road in Gwangjin-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor);

1. Reduction of a small amount under Article 53 or 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. 62-2 of the Criminal Act, such as an order to attend lectures;

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