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(영문) 서울남부지방법원 2017.08.17 2017고단2833
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 6, 2017, at around 00:30, the Defendant driven CNp vehicle with a alcohol content of 0.174 percent 0.174 percent from the 93-way road of Gangseo-gu Seoul, Seoul, to the 245-way road of approximately 1 kilometer in the same Gu rice.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the detailed statement report on the driver's license and alcohol during blood;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, committed the instant crime of drinking alcohol without being among those who were under trial in Seoul High Court on the case of attempted quasi-rape (the above case was sentenced to three years of imprisonment for the Defendant on June 1, 2017, and is currently pending in the appellate trial trial at the Seoul High Court).

A juvenile protective disposition due to drinking driving is proper, and a criminal record has been punished due to non-licenseless driving, etc.

Other circumstances, such as the fact that there is no record of criminal punishment due to driving of alcohol, the amount of alcohol concentration during blood, driving background, driving distance, and circumstances after the crime, etc., shall be determined as per the order.

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