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(영문) 서울서부지방법원 2017.07.06 2017고단1299

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 July 24, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million by the same court on September 30, 201 as a crime of violating the Road Traffic Act (drinking driving).

On April 21, 2017, the Defendant driven B Poter in the state of alcohol alcohol concentration of about 0.160% from a section of about 1k to a 855m-ro sular road from the front of a mutually influorial cafeteria, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the main city of which around 22:44 around 21, 2017.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol by violating it again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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 on the grounds that no previous conviction has been imposed heavier punishment than a fine, and that there is a reflection

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