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(영문) 서울동부지방법원 2017.12.20 2017고단3650
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 April 1, 201, the Defendant issued a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on April 1, 201, and a fine of KRW 5 million for a crime of violating the Road Traffic Act at the inside of the Suwon Friwon on February 14, 2014.

On September 14, 2017, at around 04:02, the Defendant: (a) driven a vehicle under the influence of alcohol by driving approximately 1km of alcohol content 0.193% (the result of collecting blood) during blood while under the influence of alcohol at the 2nd alcohol restaurant in Songpa-gu Seoul, Songpa-gu from the 2nd alcohol parking lot to the 439th mar-gu, Songpa-gu, Seoul; and (b) drive a vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol and reports on the detection of drivers;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 sentence (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62(2) of the Act on the Punishment, etc. of Specific Crimes) (Article 62(1) of the same Act on the grounds that

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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