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(영문) 서울중앙지방법원 2017.07.12 2017고단3577
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On August 28, 2008, the Defendant received a summary order of KRW 1,50,000 from the Seoul Northern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act. On March 7, 2011, the Incheon District Court received a summary order of KRW 5 million as a crime of violating the Road Traffic Act.

On April 20, 2017, around 00:32, the Defendant driven a scoo vehicle in B while under the influence of alcohol content of about 100 meters from the Scoo-ro 159, Jongno-gu, Seoul, Jongno-gu, to the 160-ro, Jongno-gu, Seoul, to the 160-day road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Inquiries about criminal history, and the application of a copy of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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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