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(영문) 서울남부지방법원 2017.11.23 2017고단4664
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 December 29, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving) by the Incheon District Court on December 29, 2010, and was punished on May 8, 2014 by a fine of 2 million won or more due to the same crime from the Vice-Support of the Incheon District Court.

Nevertheless, the Defendant, while drunk on July 14, 2017, 03:10% of alcohol content among the blood transfusions, driven a car at approximately 300 meters away from the 329 Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju High District District, to the 300-meter roads in front of the 300 Don Jeju Jeju High District District, and operated a car from around 300 meters away from the 329 Don Jeju High District.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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

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