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(영문) 서울남부지방법원 2017.08.10 2017고단2112
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

【Criminal Records of Crimes】 On December 10, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violation of road traffic law at the Seoul Southern District Court, and KRW 2.5 million for a crime of violation of road traffic law at the Seoul Southern District Court on December 21, 2015.

【Criminal facts” around 23:20 on April 17, 2017, the Defendant driven a CMW car under the influence of alcohol with approximately 70 meters alcohol concentration of 0.127% in blood from the 70-meter section to the front road of the parking lot of the Big Market located in the same 71-ro 71 of the same Gu, from the front side of the horse in Geumcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), and application of each summary order text;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is relatively close to that of an order to provide community service and attend lectures is twice the driving force of drinking, and that the degree of drinking alcohol is not weak, etc. are disadvantageous to the Defendant.

However, there are favorable circumstances such as the fact that there is no criminal history of probation or higher, the fact that there is no social ties such as supporting the family while engaging in the occupation.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but subject to community service and compliance driving lectures.

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

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