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(영문) 서울서부지방법원 2017.04.27 2017고단526
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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant issued a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law, and on July 7, 2015, the Defendant issued a summary order of KRW 1,50,000,00 as a fine for a violation of road traffic law (drinking) at a high-level support by the Jung-gu District Court of the Republic of Korea on November 28, 2008.

On February 22, 2017, at around 01:31, the Defendant driven B tea with approximately 2.7km from the front of Eunpyeong-gu Office in Eunpyeong-gu Seoul, Seoul to the front road of the 806 west-ro 280, Seocho-gu, Seoul, to the front road of the 806 west-ro 280, while under the influence of alcohol concentration of 0.056% during blood.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Records of judgment: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to summary orders), and summary orders and regulations;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 subparagraph 1 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 suspension of execution (including the records of punishment for the crime of the same kind, the number of drinking, and the point of reflecting it);

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