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(영문) 서울중앙지방법원 2017.10.18 2017고단5070
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 October 24, 2006, the Defendant is a person who has been sentenced to a fine of one million won or more for a violation of road traffic law at the Seoul Western District Court on December 24, 2006, and a fine of two million won or more for the same crime at the Seoul Southern District Court on December 17, 2009, respectively.

In addition, on July 21, 2017, the defendant was sentenced to imprisonment with prison labor for five months at the Seoul Central District Court for fraud, and the above judgment became final and conclusive on July 29, 2017.

On July 4, 2017, while the Defendant was under the influence of alcohol level of 0.160% during blood transfusions around 00:55, the Defendant driven Bbenz automobiles at approximately KRW 300 meters from the front day of the mutual influence restaurant in Gangnam-gu Seoul Metropolitan Government Cheonggu to the front day of 716, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, a report on the situation of the driver of drinking alcohol, an investigation report (report on the situation of the driver of drinking alcohol), and an investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of that end force), each copy of each summary order (No. 9 times a year), report on the results of confirmation of previous convictions in disposition, copy of the judgment (No. 11 times a year a year a year a year a year a year a year a year a year a year), and the search of Konet case (No. 1

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

1. Selection of alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant was punished three times due to drinking driving in the past and again committed the instant crime, the blood alcohol concentration level at the time of detection is considerably high, and the fact that the defendant was under trial due to other crimes but did not take place and did not commit the instant crime)

1. The latter part of Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (the previous part of the crime in the first head of the crime and the trade name of the crime in this case);

1. Articles 53 and 55(1)3 of the Criminal Act (the criminal facts of all the defendants) of the mitigated amount of punishment

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