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(영문) 서울동부지방법원 2017.12.28 2017고단3248
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

[criminal history] On February 15, 2008, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Seoul Eastern District Court, and on February 29, 2016, issued a summary order of KRW 2.5 million for the same crime by the same court.

[2] Although Defendant 1 had been punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B X-ray cars under the influence of alcohol concentration of approximately 0.203% from the 7km section of the blood alcohol concentration from the 7km section to the 88rd road in Seoul Gwangjin-gu, Seoul at around September 22, 2017 to the 23:52.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (C) and Acts and subordinate statutes to report criminal investigations (applicable to the same type of crime);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order requires strict punishment that the defendant, who has been subject to a criminal disposition for the crime of drinking alcohol driving on several occasions, has been subject to a criminal disposition.

However, in consideration of the fact that a person has no record of fine or heavier due to drinking driving, the execution of the sentence shall be suspended, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by taking into

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