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(영문) 서울북부지방법원 2017.05.25 2017고단1023

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 June 15, 2007, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on the same day. On May 31, 2011, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act. On April 16, 2013, the Defendant was issued a summary order of a fine of eight million won for a crime of violating the Road Traffic Act by the same court.

On March 4, 2017, around 23:29, the Defendant driven B-G car in the state of alcohol 0.121% of alcohol concentration in blood in the section of approximately 2 km from the 2km of Dobong-gu Seoul Special Metropolitan City to the front of the 2km Changwon-dong, Dobong-gu, Seoul.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the inquiry letter, the text of the judgment, and the summary order of two Acts and subordinate 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. 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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service, even though the reason for sentencing under Article 62-2 of the Criminal Act was able to have a record of driving drinking, leading to the instant crime,