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(영문) 서울중앙지방법원 2017.04.18 2017고단198
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 30, 2008, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on July 30, 2008, and a fine of KRW 2 million as the same crime at the Seoul East East District Court on April 9, 2010.

A person who violated the Road Traffic Act (drinking) on two occasions on December 20, 2016, the Defendant driven a C car under the influence of alcohol leveling 0.275% from around 705 YYY, Gangnam-gu, Seoul, to around 705 YYYY, Seoul, while driving the C car under the influence of alcohol leveling from about 2 km to about 0.275% from around 705 YY, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification, etc. of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, 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. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

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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