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(영문) 서울중앙지방법원 2017.05.10 2017고단1189
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 January 5, 2017, around 22:45, the Defendant driven Bp 4 automobiles in the state of alcohol with approximately 2 km alcohol concentration of 0.195% in blood from the 2km section to the front road of the 2nd apartment complex located in the same 107 major in the same Gu, in the vicinity of Samsung C&M located in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. In the application of the investigation report (No. 5 once a year), the statement of alcohol during blood (No. 8 times a year), the investigation report (No. 9 times a year for the above dmark formula), the report of detection of drivers by blood collection results (No. 10 times a year); and the application of the law and regulations;

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

1. Selection of a sentence as alternative imprisonment with prison labor (the defendant had been punished twice due to drinking prior to the instant case, but again committed the instant crime, and the last one is relatively recent to have been punished due to drinking driving, and the amount of alcohol concentration in blood was significantly high at the time of detection, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of circumstances, such as the fact that the defendant commits a crime and reflects the criminal facts, and that there exists no record of punishment heavier than the fine prior to the instant case);

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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