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(영문) 서울중앙지방법원 2017.10.13 2017고단5262
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 28, 2017, the Defendant driven BM car in the section of approximately two kilometers from the area near Yongsan-gu, Seoul to the road front of the 119 Safety Center at approximately 119 Safety Center, in a state of alcohol concentration of 0.172% among the blood transfusion around 03:12.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the result of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, details of control and report on the situation of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes (No. 8) to photographs (No. 5 times a patrol time), face-to-face and time (no. 8 times a patrol time);

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

1. Selection of an alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant has been punished twice due to drinking driving in the past but again drives alcohol, and the blood alcohol concentration at the time of detection is considerably high);

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the circumstances, such as the fact that the defendant commits a crime and seriously reflects the fact that he/she has no record of punishment heavier than that of the fine before the instant case);

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

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