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(영문) 서울남부지방법원 2018.02.13 2017고단6144
도로교통법위반(음주운전)
Text

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

[criminal history] On January 25, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Seoul Southern District Court, and on November 13, 2014, the Defendant was issued a summary order of KRW 2 million for the same crime at the Seoul Central District Court.

[2] On November 15, 2017, around 08:30 on November 15, 2017, the Defendant driven Cenz motor vehicle under the influence of alcohol leveling of about 0.139% from the 50-meter section of blood alcohol leveling from the front side of the lux apartment in the Gangseo-gu Seoul Metropolitan City, Gangseo-gu, to the front road of the same mouth 254.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the past records of the same kind of crime);

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. 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 fact that there was a record of being punished by a fine twice due to the driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the driving of alcohol in the past is crackdownd while making an illegal internship, the fact that there was no previous record other than twice of the above fine, the time of the crime of drinking in the past, the age of the accused, the environment, the background of the driving, the driving distance, the number of alcohol concentration in the blood,

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