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(영문) 서울동부지방법원 2017.08.08 2017고단1416
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 4, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Jung-gu District Court on the same day. On March 31, 2008, the Defendant was issued a summary order of KRW 2 million as the same crime from the first branch court in the Chuncheon District Court on the same day, and was punished on September 18, 2009 on two or more occasions due to drinking, such as receiving a summary order of KRW 5 million as the same crime from the Seoul East District Court on the same day.

Nevertheless, on April 13, 2017, the Defendant driven a DNA car while under the influence of alcohol leveling 0.133% of alcohol level in the front of the training site for the reserve forces located in peace-ro 287 at the time of the Government on April 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (including the fact that no one has been sentenced to a suspended sentence or heavier punishment due to driving under drinking, and the fact that he/she is divided, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the same ground as the reason for reduction of amount);

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