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(영문) 서울중앙지방법원 2017.08.08 2017고단4219
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

On September 24, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million with the same crime in the Seoul Central District Court on September 24, 2013, and the same court on February 6, 2017.

Defendant, as seen above, was punished twice or more due to driving under drinking, was driving B-low-income cars under the influence of alcohol leveling of about 0.134% from the 3km section of alcohol level at around 0.134% in the front side of the same Si/Dong Dong from the from the insular district to the insular district on June 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

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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