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(영문) 서울남부지방법원 2018.01.18 2017고단5897
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 August 18, 2006, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act in Seoul Southern District Court on August 18, 2006, and on October 9, 2008, the Defendant was sentenced to a suspended sentence of two years for three months due to a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Friwon method.

Nevertheless, at around 17:40 on November 7, 2017, the Defendant driven a cub vehicle C while under the influence of alcohol concentration of at least 0.05% in the 20-meter section of the front road of Gangseo-gu Seoul Metropolitan Government B.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Inquiry about criminal history, summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the depth of the crime in this case and there is no previous conviction heavier than the suspension

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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