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(영문) 서울중앙지방법원 2017.07.12 2017고단3494
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

The Defendant, at the Seoul Central District Court on December 8, 2008, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on November 28, 2012, issued a summary order of KRW 7 million for the same crime in the same court on November 28, 2012, and on December 29, 2012, issued a summary order of KRW 5 million for the same crime by the same court on December 29, 2012, and violated the provisions on prohibition of drinking under the Road Traffic Act two times or more.

On March 10, 2017, the Defendant driven approximately 100 meters of the B rocketing vehicle before Gwanak-gu Seoul Special Metropolitan City Nowon-gu 95-1 in a state of alcohol content of 0.121% during blood transfusion around 21:25.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A paper of measurement of drinking alcohol;

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

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation reports (Attachment to the same criminal suspect's records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. Article 62-2 of the Criminal Act on community service or lecture attendance order;

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