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(영문) 서울서부지방법원 2018.01.25 2017고단3392

도로교통법위반(음주운전)

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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 September 19, 201, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On May 26, 2015, the Defendant was issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.

On October 16, 2017, while the Defendant was under the influence of alcohol content of 00:30% during blood, the Defendant driven B-low-scale car at 1 km from the roads in Mapo-gu Seoul Metropolitan Government Seodong-dong Until 3rd-ro, Mapo-gu, Seoul to 1-day.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal report (in response to the results of appraisal by the State);

1. Previous convictions: Application of inquiry statements, investigation reports (related previous convictions and attachment of written judgments), such as criminal history;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 51 of the Criminal Act, including the fact that the defendant is against the crime of this case, the fact that the defendant was not punished heavier than a fine due to traffic-related crimes, including the previous record on the judgment of the court), and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the age, sex, environment, motive for the crime

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