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(영문) 서울중앙지방법원 2017.12.12 2017고단7282
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 13, 2006, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Seoul Central District Court on December 13, 2006. On July 20, 2009, the Defendant was sentenced to a summary order of two million won for the same crime in the same court.

On September 23, 2017, the Defendant violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act two times or more, and driven Bone Star Sheet under the influence of alcohol with approximately 0.143% of alcohol content from around 600 meters to around 292, Gangnam-gu Seoul, Gangnam-gu, Gangnam-gu, Seoul, as Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Reports on internal accidents (the application of the above d mark);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same case) by statutes;

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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