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(영문) 서울남부지방법원 2017.11.30 2017고단5424
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:10 on October 25, 2017, the Defendant driven B QM6 car under the influence of alcohol content of about 0.107 percent at a section of approximately 200 meters from the 200-meter radius to the roads adjacent to the same female basin in the Hando-dong, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and application of Acts and subordinate statutes notifying the results of crackdown on driving under drinking;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, even though he had had a history of punishment such as suspended drinking due to the previous drinking driving, again driving under the influence of alcohol, and the figure of drinking is relatively heavy, the defendant should be punished strictly. However, considering the fact that the above power is prior to 2006, the defendant shall be punished by imprisonment with prison labor, but the execution of the sentence shall be suspended.

It is so decided as per Disposition for the above reasons.

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