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(영문) 서울북부지방법원 2017.08.10 2017고단2383

도로교통법위반(음주운전)

Text

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 August 26, 2005, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000,000 for a fine for the same crime at the Seoul East District Court on November 17, 2006, by issuing a summary order of KRW 1,50,000 for a fine for the same crime at the Seoul East District Court on February 11, 201, and by issuing a summary order of KRW 2,50,000 for a fine for the same crime at the Goyang Branch of the Central District Court on February 11, 201.

On May 16, 2017, the Defendant, while under the influence of alcohol of 00:06 around 00:03 percent during blood, driven a BN-si car at the 15km section from the place where the flux is located in the Dong-dong in Sinsan in Gyeonggi-do to the 202 front road in Seongbuk-gu, Seongbuk-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of the driver involved, a response to a request for appraisal, and a report on the detection of the driver involved;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

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

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished for a fine on three occasions due to drinking alcohol in the past, and again commits the instant crime, taking into account the circumstances unfavorable to the Defendant, such as the fact that the amount of alcohol concentration during blood at the time of the instant crime is very high. The Defendant recognized the instant crime and reflects the mistake, and that the Defendant has no record of punishment in excess of the past fine, etc., a punishment shall be determined by taking into account favorable circumstances.