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(영문) 서울남부지방법원 2018.01.18 2017고단5481
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 September 22, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic laws (drinking driving) at the Seoul Central District Court on September 22, 2008, and on May 30, 2016, the Seoul Southern District Court sentenced a fine of 1.5 million won for a violation of road traffic laws (drinking driving) at the Seoul Southern District Court on May 30,

Nevertheless, at around 00:51 on October 23, 2017, the Defendant driven BMW car in the state of 0.062% alcohol concentration in blood at approximately 4 kilometers from the street room located in Guro-gu Seoul Metropolitan Government to the south-gu, Yangcheon-gu, Yangcheon-gu, Seoul, for about 4 kilometers in the south-gu, Yangcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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