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(영문) 서울남부지방법원 2017.11.23 2017고단4801
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 February 19, 2014, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act, which was issued to the Suwon District Court, due to a violation of the Road Traffic Act (drinking) in the support for the development of the water source method and

Nevertheless, at around 01:46 March 13, 2017, the Defendant driven a balp motor vehicle under the influence of alcohol concentration of about 0.178% from the 3km section of the National Assembly of the subway No. 9, which was located in Mapo-gu Seoul National Assembly, up to 758 in front of the exit 3km of the National Assembly of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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