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(영문) 서울동부지방법원 2018.03.08 2017고단3571
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 12, 2009, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on the charges of violating the Road Traffic Act. On November 4, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Dong-gu Seoul District Court on the charges of violating the Road Traffic Act.

Criminal facts

On September 11, 2017, the Defendant driven a car at approximately 300 meters Genz Mts350 meters away from the Do near the mountain basin in Sungnam-si, Sungnam-do to the 25-9 neighboring roads in Sungnam-si, Sungnam-si, Busan-do while under the influence of alcohol content 0.127% during blood transfusion around 23:35 on September 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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

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. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the defendant had a record of being punished for the crime of drinking alcohol driving over several times, the defendant's age, occupation, sex, family relationship, and the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before

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