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(영문) 서울중앙지방법원 2018.01.24 2017고단8497
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 March 13, 2013, the Defendant received a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court on March 13, 2013, and a fine of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving) from the Seoul Central District Court on February 17, 2015.

On November 24, 2017, the Defendant, while under the influence of alcohol level of 0.122% among blood transfusion around 05:30 on November 24, 2017, driven a B chip car at a distance of about 2 km up to the road front of the 222m prior to the Sung-gu distribution of the Seocho-gu Seoul Metropolitan Government, according to the distribution of Seocho-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Investigation report (the application of the above dmark);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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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