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(영문) 서울남부지방법원 2017.08.17 2017고단2803
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

On December 19, 2013, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act at the Seoul Central District Court on November 30, 2015, respectively.

On May 5, 2017, at around 04:35, the Defendant driven a Bben sport car under the influence of alcohol content of about 22 km from May 5, 2017 to the shooting distance at the entrance of the expressway located in 191, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of the control, the statement of the situation of the driver driving, and the results of the crackdown on drinking;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there was a record of being punished twice due to the previous drinking driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration is relatively high and the driving distance is long, the Defendant once was under the influence of alcohol during the period of suspended execution of crimes related to violence, and the period of suspended execution has not yet lapsed, making another person under the influence of alcohol during the period of suspended execution, and the circumstances, such as the circumstances of driving, after the crime, etc. are considered.

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