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(영문) 서울남부지방법원 2017.10.26 2017고단4404
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 was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on October 31, 2006, and was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul East District Court on December 18, 2009, and was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on February 16, 2012.

(2) On June 20, 2017, the Defendant was under the influence of alcohol level of 0.163% during blood transfusion around 22:17, and was driving a Di30cw car from the C parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, to the 24-ro 24-o, both of which are the T-ro 36, in a way that the Defendant was under the influence of alcohol level of 0.16%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation reports;

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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;

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