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(영문) 서울남부지방법원 2017.10.26 2017고단4256
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Records of Crimes】 On July 9, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Central District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court, on March 5, 2012, a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving), and on June 27, 2013, the Seoul Southern District Court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court.

【Criminal facts” around 00:07 on July 25, 2017, the Defendant driven a BMW car while under the influence of alcohol concentration of 0.181% during blood in the middle of the right school located in Gangseo-gu Seoul, Gangseo-gu, Seoul, for approximately 1m of the road in front of an elementary school.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective facts);

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

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