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(영문) 서울중앙지방법원 2017.06.20 2017고단3023
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 8, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 8, 201, and a fine of KRW 5 million with the same crime at the same court on July 22, 2014.

On April 22, 2017, around 03:20 on April 22, 2017, the Defendant driven B-low-income car under the influence of alcohol concentration of about 0.092% from the Dongjak Library parking lot in the Dongjak-gu Seoul Metropolitan Government, to the entrance of the Dongjak Library from around 50 meters to around 94.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report to a criminal suspect A's previous record judgment) statute;

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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