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(영문) 서울중앙지방법원 2017.10.18 2017고단5775
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 January 27, 2014, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court due to a violation of the Road Traffic Act (drinking driving), etc., and on November 19, 2013, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), and on November 19, 2013, the Defendant was issued a summary order of KRW 3 million.

On August 3, 2017, the Defendant driven a car with approximately KRW 3 km B Amh-turd with alcohol level from the roads near Seocho-gu Seoul Metropolitan Government, to the roads front of the Seocho-gu Seoul Metropolitan Government completion intersection, while under the influence of alcohol leveling of 0.10% during blood transfusion around 04:20%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. A paper of measurement of drinking alcohol;

1. Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of suspect A's driving history of drinking alcohol) statute;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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